Court Quashes Proceedings Against Second Wife in Bigamy Case
The Chhattisgarh High Court ruled that a person who is single and marries someone already married is not liable under Section 494 IPC. Instead, only the person whose first marriage is still valid can be prosecuted for bigamy.
Court’s Interpretation of Section 494 IPC
Justice Arvind Kumar Verma clarified that Section 494 IPC applies only to individuals who remarry while their first marriage is still legally valid. The law does not hold the second spouse accountable. The Court stated:
“A single person marrying another whose first marriage is still in effect is not liable under Section 494 IPC. Only the person whose previous marriage is legally valid can be prosecuted.”
The Court explained that the wording of Section 494 IPC clearly targets individuals “having a husband or wife living” who remarry. The provision aims to punish the person already married, not the second spouse.
Case Background
The complainant married the accused in 2006 and had a child in 2009. Later, her husband and in-laws allegedly harassed her and forced her out of the house after he remarried in May 2011 without obtaining a divorce.
When the police refused to register her complaint, she filed a case against her husband, his second wife, and two other individuals. The case included charges under Sections 498-A, 494, and 34 IPC.
The second wife then approached the trial court, arguing that she could not be prosecuted under Section 494 IPC. However, the lower court rejected her plea, leading her to challenge the decision in the High Court.
Court’s Key Observations
No Legal Basis to Prosecute the Second Wife:The second wife was unmarried at the time of her marriage. Section 494 IPC does not criminalize her actions.
Bigamy Charges Apply Only to the Married Spouse: The law intends to punish the person who remarries without a divorce. The second spouse cannot be prosecuted under this provision.
Quashing the Criminal Case: The Court ruled that the proceedings against the second wife were an abuse of legal process. It quashed the case against her while maintaining charges against the accused husband.
Final Verdict
The High Court reinforced that bigamy laws do not apply to a second spouse who was single before marriage. Only the spouse who remarries without a divorce can be held liable under Section 494 IPC. This decision provides clarity on legal liability in bigamy cases.
