who can file complaint under section 494 ipc

The question therefore which arises for consideration of the Court is whether the said finding recorded by the High Court can and should be set aside in the present appeal which is filed by Reportable. 12. 2 herein by concealing from her the fact of former marriage and therefore her complaint against the appellant for commission of offence punishable under Section 494 and 495 IPC is, maintainable and cannot be quashed on this ground. The law declared by this Court in case of Reema Aggarwal (Supra) was binding on all Court including the learned Single Judge of High Court of A.P. After few days thereof, the appellant filed Criminal Petition No. Thus, this Reportable, Court finds that correct proposition of law was not laid down in Mavuri Rani Veera Bhadranna (supra) when the Division Bench of the Andhra Pradesh High Court in the said case held that as Section 198 of Criminal Procedure Code still holds the field despite the amendment made by State Legislature, the Court would have no jurisdiction to take cognizance of an offence punishable under Section 494 IPC on the basis of report submitted by the Investigating Officer. 2426 of 2005. 2 is void and as respondent no. The appeal arises in the following circumstances:- The respondent no. The members of the cruel society including her kith and kin like parents, brother, sister etc. the other offences are non-cognizable" Here in this case in the charge sheet it is mentioned that the appellant has also committed offence punishable under Section 420 of the Indian Penal Code which is cognizable and therefore this is a case which relates to two or more offences of which at least one is cognizable and therefore the case must be deemed to be cognizable case notwithstanding that the other offences are non- cognizable. Section 4, of Hindu Marriage Act nullifies and supersedes such practice all over India among the Hindus. Where second wife alleges that the accused husband had married her according to Hindu rites despite the fact that he was already married to another lady and the factum of the first marriage was concealed from her, the second wife would be an aggrieved person within the meaning of Section 198 Cr. In view of the above settled legal position, this Court has no doubt that the amendment made in the First Schedule to the Code of Criminal Procedure, 1973 by the Code of Criminal Procedure (Andhra Pradesh Second Amendment) Act, 1992, shall prevail in the State of Andhra Reportable, Pradesh, notwithstanding the fact that in the Criminal Procedure Code, 1973 offences under Section 494 and 495 are treated as cognizable offences. Since the offence under Section 495 IPC is in essence bigamy, it follows that all the elements necessary to constitute that offence must be present here also. There is no manner of doubt that Amending Act of 1992 is on the subject which is already in existence in the Code of Criminal Procedure, 1973. A person commits bigamy when he/she: Thus there is no manner of doubt that Parliament and subject to Clause (1), the legislature of any State also has power to make laws with Reportable, respect to Code of Criminal Procedure. This penal provision will not apply if the offender is a member of the Schedule Tribes. under this section if convicted, to a fine or seven years of imprisonment, or both, being a non-cognizable offence. Once, it is held that the offences under Section 494 and 495 IPC are cognizable offences, the bar imposed by operative part of sub-section 1 of Section 198 of the Criminal Procedure Code beginning with the words "No Court shall take cognizance of an offence punishable under Chapter XX of the Indian Penal Code except upon a complaint made by some person aggrieved by the offence" gets lifted so far as offences punishable under Sections 494 and 495 IPC are concerned. Status of Scheduled Tribes Where there is inconsistency between laws made by Parliament and laws made by the State Legislature, the law made by the Parliament shall prevail. 6.For better appreciation of the case, it is necessary to extract Section 494 of IPC hereunder: 494. The father of an aggrieved wife can also make a complaint under section 494/495 of the Indian Penal Code. u/s 494 of IPC your sister can file complaint against her husband for bigamy. 13. Here The party marrying must inform the person with whom he or she marries of this fact. – marries ,but  such marriage is void, —Any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of sections 494 and 495 of the Indian Penal Code (45 of 1860), shall apply accordingly. In support of above stated contentions, the learned Counsel for the petitioner placed reliance on the decision in Mavuri Rani Veera Bhadranna (Supra). The High Court considered the submissions advanced at the Bar as well as the provisions of Sections 198(1)(c) of the Code of Criminal Procedure, Section 494 and 495 IPC and the Judgment of Division Bench of Andhra Pradesh High Court in Mavuri Rani Veera Bhadranna Vs. State of A.P. In the case of Neelaveni Vs. State Rep.By Insp.Of Police & Ors, where the aggrieved wife advanced a High court judgment for quashing the charge sheet under Section 406 and 494 of the Indian Penal Code. It was pleaded that there was no averment that pursuant to deception or fraudulent or dishonest inducement made by the appellant, there was any delivery or destruction of property belonging to the original complainant and therefore Section 420 IPC was not attracted. The limits of Supreme Court when it chases injustice, is the sky itself. ( Log Out /  The person aggrieved ( which is the Legally Wed person – the first “husband” or “wife” ) can file a case of bigamy either in court or at the police station. 2 lodged FIR dated 26.05.1995 with Ranga Reddy Police Station, Balanagar and prayed to take appropriate action against the appellant for alleged commission of offences under Sections 498A and 420 IPC. This Section introduces monogamy which is essentially voluntary union of life of one man with one woman to the exclusion of all others. In August 2009, the Law Commission of India  recommended that  bigamy should be made  a cognizable offence. Sadanatham (1979) 2 SCC 297 and P.S.R. The high court of Bombay at Goa has held that the first wife is entitled to half the share while the share of the second wife in the property of the husband is 1/8th, while ruling that a second wife marrying in good faith has a share in the estate of her husband. Marrying again during lifetime of husband or wife.- Dr DY Chandrachud J., Offence of Bigamy under Section 494 IPC is gender neutral and women can also be liable. out of her life. The offence is cognizable and falls under the category of Non Bailable in IPC section 420. in a hearing between the same parties, the Madras High Court  has also held that : To maintain the charge under section 494 IPC, there should be evidence to show that essential ceremonies were performed at the time of alleged second marriage and such ceremonies and other requirements for a valid marriage have to be established by adducing evidence in the course of trial and a valid marriage between a man and woman cannot be presumed from the fact that a child was born out of their relationship. It is not a matter of long past that in India, hypergamy brought forth wholesale polygamy and along with it misery, plight and ignominy to woman having no parallel in the world. The person shall be punished for committing bigamy under section 494 of Indian Penal Code (IPC). would not be entitled to file complaint under Section 494 IPC more particularly when Section 495 IPC is extension and part and parcel of Section 494 IPC. On receipt of the charge sheet the learned Magistrate took cognizance of the offences and summoned the appellant. 7. 4. Article 136 is a special jurisdiction. Section 11 of the Act declares second marriage to be null and void. The Supreme Court has ruled that children born out of wedlock have the right to inherit their father’s ancestral property.In  Revanasiddappa vs Mallikarjun case ,  Justices G.S. Post was not sent - check your email addresses! 2 for alleged commission of offence punishable under Section 498A of the Indian Penal Code is not maintainable because she is not a wife, this Court feels that absence of challenge either by State or by the original complainant should not persuade or prevent this Court from doing justice between the parties by restoring the complaint filed by the respondent no. Subject to above mentioned direction the appeal stands disposed of. Therefore, the police has the power to directly register the FIR under Section … The Hindu Marriage Act applies to Hindus, Jains, Buddhists ,Sikhs,Parsis,Christians [except Muslims]. is a good or option or we should go for section. the Code of Criminal Procedure, 1973 came to be amended and against the entries relating to Section 494 in column 4 for the word "Ditto", the word "Cognizable" and in column 5 for the word "Bailable" the word "Non-bailable" were substituted. 2 under Section 498A of the Indian Penal Code. contract marriages ostensibly and cohabit with such woman, in the purported exercise of their role and status as "husband" is no ground to exclude them from the purview of Section 304B or 498A IPC, viewed in the context of the very object and aim of the legislations introducing those provisions." 17. On the other hand, the learned Counsel for the respondents argued that by Code of Criminal Procedure (Andhra Pradesh Second Amendment) Act, 1992, the offences under Sections 494 and 495 have been made cognizable in the State of Andhra Pradesh, and therefore the respondent No. If the Police Officer in charge of a Police Station is entitled to investigate offences punishable under Section 494 and 495 IPC, there is no manner of doubt that the competent Court would have all jurisdiction to take cognizance of the offences after receipt of report as contemplated under Section 173(2) of the Code. It would be appropriate to construe the expression husband to cover a person who enters into marital relationship and under the colour of such proclaimed or feigned status of husband subjects the, woman concerned to cruelty or coerces her in, legitimacy of the marriage itself for the limited purpose of Sections 498A and 304B IPC. In the case of the husband, only the husband, except where he is serving in the Armed Forces and cannot get leave to file the complaint. the first marriage has been declared void by the Court of competent jurisdiction, or, the first marriage has been dissolved by divorce, or. Sadanatham Vs. Arunchalam (1980) 3 SCC 141, the appellate power vested in the Supreme Court under Article 136 is not to be confused with the ordinary appellate power exercised by appellate Courts and appellate Tribunals under specific statutes. Polygamy was practiced in many sections of Hindu society in ancient times. Concurrent List in the Seventh Schedule mentions "Criminal Procedure, including in matters included in the Code of "Criminal procedure, at the commencement of this Constitution". 10. 2 is that the appellant has committed offences punishable under Sections 417, 420, 494, 495 and 498A of the IPC. The complaint can also be filed by the person with whom second marriage takes place which is void by reason of its taking place during the life of first wife. Under section 494, IPC, "whoever, having a husband or wife living, contracts a marriage during the life of the former husband or wife, is void…" and therefore the same is also an offence punishable with imprisonment up to 7 years or fine or both. 13 (A.P.) It is plenary power exercisable outside the purview of ordinary law to meet the demand of justice. It is just a label given to demand of money in relation to marital relationship. When no reconciliation takes place, the police registers an FIR under Section 498A. The clause provides that where the State law has been reserved for the consideration of the President and has received his assent, the State law would prevail in the particular State notwithstanding its repugnancy to a Central law or an existing law. As per  Hindu code, only the first wife is a legal heir of the husband while the second wife is NOT entitled to any share in the ancestral estate and, if the husband has died without leaving a will, even in his self-acquired property. Validity of a Divorce granted by a Foreign Court, Follow A Question Of Law- Law for Indian Matters on WordPress.com. The power under Article 136 is meant to supplement the existing legal frame work. There is no manner of doubt that the finding recorded by the High Court that the respondent no. there is no reason to read the said Section in a restricted manner as is suggested by the learned Counsel for the appellant. and is not able to maintain herself. 2 was not the wife of the appellant. After examining the scope of Section 498A of the Indian Penal Code and holding that a person who enters into marital arrangement cannot be allowed to take shelter behind the smoke screen of contention that since there was no valid marriage the question of dowry does not arise, Such legalistic niceties would destroy the purpose of the provisions. The law of bigamy is NOT applicable to live- in relationship as there is no legally contacted marriage. Section 494 does not say that the complaint for commission of offence under the said section can be filed only by wife living and not by the woman with whom subsequent marriage takes place during the life time of the wife living and which marriage is void by reason of its taking place during the life of such wife. The learned Single Judge of the High Court could not have afforded to ignore the law declared by this Court in Reema Aggarwal (Supra) while considering the question whether proceedings initiated by the respondent no. Where the case involves one cognizable offence also alongwith non-cognizable offences it should not be treated as a non- cognizable case for the purpose of sub-section 2 of Section 155 and that is the intention of legislation which is manifested in Section 155(4) of the Code of Criminal Procedure. Apart from this you may file a civil suit for defamation and … 2 under Section 498A of the Indian Penal code is quashed by the High Court will have to be set aside while disposing the appeal filed by the appellant. Section 494 in The Indian Penal Code 494. Marrying again during lifetime of husband or wife: Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 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