Ipc 494 judgements. Live in relationship ipc 494 2019-01-06
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Quash Judgements
Attention of this Court was further invited to the contradictions in the statement of the complainant and her father which indicate material contradictions indicating that the complainant and her father have concocted the story to implicate the appellants as well as all their family members in a criminal case merely with a mala fide intention to settle her scores and extract money from the family of her ex-husband Shyamji Mehrotra and his family members. Conditions necessary for a Hindu marriage are stated in Yajnavalkya Smriti. These two situations are: a when information as to the commission of any such offence is given against any person by name and the case is not of a serious nature, the officer in charge of a police station need not proceed in person or depute a subordinate officer to make an investigation on the spot; b if it appears to the officer in charge of a police station that there is no sufficient ground for entering on an investigation, he shall not investigate the case. And under the impression, that the marriage was subsisting, he continued his conjugal relationship with the appellant, as her husband, by deception. Advocate Kapil Chandna 9899011450 Dear Sir, Thanks for reply. We do not find any scope for interference with the order of the High Court.
Punishment of bigamy in India,sec.494 and 495 of IPC.
Discussions on the points requiring formulation by the Court. The legally married wife traced her husband and the proofs obtained were-- 1. This case is a true example of a case where marriage is done with a desire to have a son. Similarly, where the accused who had been held guilty of bigamy appeared before the court and promised that henceforth he would have no truck with his second wife and that he would live with his first wife and would not violate the law, it was held that he must be released on probation. This inherent infirmity exists in the pleadings as well as in pre-charge evidence which cannot be cured at the stage of trial and under these circumstances continuance of proceedings will amount to abuse of process of Court. Is it not constitutionally incorrect to be granting unequal status? C is not discriminatory simply because husband alone was given right to prosecute the adulterer and not wife of the adulterer, the Supreme Court further held that philosophy underlying the scheme of Section 198 2 Cr.
Court:Delhi High Court Sections 328, 498A, 406, 34 — Causing hurt by means of poison with intent to commit offence, Cruelty, Criminal Breach of Trust, Common Intention : Defence taken by accused more probable and all accused acquitted by Trial Court by giving them benefit of doubt : Counsel for petitioner merely reagitated grounds raised before Trial Court : He has not been able to point out any error of law or procedure which has occasioned failure of justice : Not proper for this Court to interfere where petitioner merely re-argues case without showing any error of jurisdiction or of procedure, nor shows any perversity in judgment under challenge : No grounds to interfere in judgment under challenge. But the Magistrate is precluded from taking cognizance of the offence under Section 198 of Cr. Court:Delhi High Court At the time of framing of charge the trial court is not required to meticulously judge the truth, veracity and the evidence in detail. In the second case, where a police officer is of the opinion that there is no sufficient ground for investigating a matter, he is to also inform the informant of his decision. The man who escapes his responsibility, coward to accept it? Court:Delhi High Court Sections 498A, 34 — Cruelty, Common Intention — Charge against petitioners not prima facie made out nor any grave suspicion raised — It is highly improbable to assume that married sisters of husband who got married much prior to marriage of complainant and living in their own matrimonial homes would come down simultaneously to matrimonial home of complainant, and subject her to dowry demand and consequent cruelty. To notice an obvious error of law committed by the High Court and thereafter not to do anything in the matter would be travesty of justice.
This may prove disadvantageous for the wife in the long run who may not have a source of independent livelihood for running her life in the future. This sub-section provides that if some material or credible information exists of an accused being involved in a cognizable offence punishable with 7 years imprisonment or less with or without fine, the Police Officer has only to make an arrest, if he is satisfied that such arrest is necessary i to prevent such person from committing any further offence, ii for proper investigation of the offence; iii to prevent such person from causing the evidence of the offence to disappear or tampering with the evidence in any manner; iv for preventing such person from making any inducement, threat or promise to a witness to dissuade him from disclosing such facts to the Court or the Police Officer v or unless such a person is arrested, he may not appear in the Court when required. However, this Court while entertaining an appeal by grant of special leave has power to mould relief in favour of the respondents notwithstanding the fact that no appeal is filed by any of the respondents Reportable challenging that part of the order which is against them. She complained that her own marriage was being tried to be destroyed by wild allegations. In so far as the plea of territorial jurisdiction is concerned, it is no doubt true that the High Court was correct to the extent that the question of territorial jurisdiction could be decided by the trial court itself. In any event, it was a decision rendered by the Supreme Court prior to the state amendment on Section 494 I.
The second marriage of a Hindu husband after his conversion to Islam would, therefore, be in violation of the Act and as void in terms of section 494. We will not consider any provision out of the framework of the statute. A Judge should ask himself the question how, if the makers of the Act had themselves come across this ruck in this texture of it, they would have straightened it out? The ancient Hindu society has witnessed polygamy and the order continued to the phase even immediately prior to Hindu Marriage Act of 1955. Section 154 of the Code of Criminal Procedure mandates that when any information regarding information of a cognizable offence is given orally to the officer in charge of the Police Station, he is required to reduce it in writing and to enter it into the general diary. This Court held that under the custom of Karewa marriage, the widow could marry the brother or a relation of the husband.
Since victim claim to have married during the lifetime of the appellant, prosecution has failed to establish that it stood dissolved legally. Even after shifting to a different society her behavior was not changed and she started beating me more hardly, in fact she used to beat me in front of her parents, they are also afraid with her behavior. A question of intricate complexity arises in this appeal where factual scenario has to be also considered. These aspects were highlighted by this Court in S. We direct the respondent to pay a sum of Rs. In Reserve Bank of India etc.
The husband has taken advantage of the loophole in the law. This is where the draftsmen of Acts of Parliament have often been unfairly criticised. The mere admission of the second marriage by an accused is not enough, it must be established that the essential conditions of a valid marriage had been gone through. According to the complainant, several times the appellant had tried to snatch away gold ornaments put on by her by threatening her with dire consequences and had demanded gold ornaments together with cash of Rs. It was held that under section 494 the party has only to prove that during the subsistence of the first marriage the second marriage had taken place and its essential ceremonies were performed, and thus dismissal of the application was proper.
The High Court was thus clearly in error in quashing the charge under Section 494 I. We expect the Court to be careful while considering the framing of charge. In sum and substance, therefore, the matrimonial ties between the appellant and the respondent came to be restored, as if the marital relationship had never ceased. The institution of marriage is greatly revered in this country. Manoharan and others Counsel for the appellant: Sri Dammalapati Srinivas Counsel for respondent No. Learned Senior Counsel appearing on behalf of the complainant, Shri Soli J. The Mediation Cell in the district should be headed by the Secretary of the Legal Services Authority in the district, at present, the Civil Judge, Senior Division has been made the Secretary , other panel or retainer lawyers appointed by the District Legal Services Authority, other lawyers, who volunteer for giving free services before the Mediation centre, especially female lawyers should also be made members of the Mediation Cell.
