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LILY THOMAS V / S UNION OF INDIA AIR 2000 SC 1651== As it is rightly held in Sarla mudgal v/s union of India 1995 AIR scw 2326 if the Hindu Husband after conversion to Islam marries another woman without having his first marriage dissolved the second marriage would be void in terms of the provisions of section 494 Indian panel code and the husband would be guilty of the offence under section 494.
The complainant and her father deposed that the accused had contracted a second marriage. Neither they stated anything regarding the performance of "SAPTAPADI" nor any other customary rituals prevalent in their community concerning the marriage. It was held that since there is a lack of strict proof of bigamy alleged to have been committed by the accused, no inference could be drawn that he had contracted a second marriage
HARILAL V/S PARDESIA 2000(3) M.P.H.T. 17 (N.O.C.) To prove the offense under this section proof of valid marriage is required. The burden of proof that there was valid marriage lies on complainant. No evidence relating to valid marriage produced by the complainant. The accused is liable to be acquitted.
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Copyright © 2001 rajeev bhatjiwale
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