Not Bigamy If a Married Man Lives With Another Woman As Long As No Marriage Between Them: Rajasthan High Court
A recent order by the Rajasthan High Court sparked debates on the institution of marriage, as the Court stated that it cannot be bigamy if a married man lives with another woman as long as they do not marry. Justice Kuldeep Mathur was delivering the verdict in a case where the wife accused her husband of bigamy as he was living with another woman.
The Court, while delivering the order, said that the offense of bigamy would not be invoked if a married person lives with another partner without engaging in any second marriage by officially solemnising the wedding. Merely being a couple or living together as husband and wife, although the man is already married to another woman, would not be counted as bigamy unless they have not made a valid marriage, according to the judgment.
The judge noted that the offense punishable under Section 494 (offense of marrying again during the lifetime of a husband or wife/bigamy) of the Indian Penal Code (IPC) would not stand unless a second marriage has been performed while a first marriage is still in force.
The case was hearing a petition filed by the man before the High Court, challenging the criminal proceedings pending before the trial court against him on his wife”s charges.
However, the order, which was made on May 7, said, “It is settled law that the offense punishable under Section 494 IPC would be made out against any person if he or she solemnizes a marriage during the lifetime of either the husband or wife, as the case may be. The mere fact of a man and a woman living together as husband and wife would not be considered an offense punishable under Section 494 IPC if they have not performed a valid marriage in accordance with the existing law.”
The man”s counsel had argued that there were no allegations that the petition solemnised his second marriage with another woman, noting that even the wife has admitted her husband was not married to another woman. The counsel also claimed that the wife lodged the complaint against her husband to harass and humiliate him.
The counsel for the wife objected to the husband”s claims, saying that he would still be guilty of committing bigamy even if it were assumed that her husband was keeping another woman according to the customs of Nata marriage, which asks the husband to get divorce to enter into another relationship. However, the court held that there was no evidence to establish that the petitioner had entered into a second marriage with another woman.
