The Rajasthan High Court clarified that the offence of bigamy (Section 494 of the Indian Penal Code) does not apply if a married person lives with another person but doesn't go through a second marriage ceremony.
Justice Kuldeep Mathur made the observation in a case where a wife accused her husband of bigamy because he was living with another woman. The judge Pointed out that bigamy only applies when a second marriage occurs while the first marriage is still valid.
"It is settled law that the offence punishable under Section 494 IPC would be made out against any person if he/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 as an offence punishable under Section 494 IPC if they have not performed of a valid marriage in accordance with the existing law," the May 7 order said as quoted by Bar and Bench.
The husband, facing charges of bigamy, cruelty, and other offences, challenged the proceedings in the High Court. His lawyer argued there was no evidence of a second marriage ceremony with religious rites. The wife, however, claimed the husband was in a "Nata marriage" (a customary practice resembling marriage without legal or religious obligations).
The court, however, found no proof of a Nata marriage ceremony following the couple's personal law or established Nata customs. Consequently, bigamy wasn't established.
The court quashed the criminal proceedings against the husband. Advocate Navneet Poonia represented the husband. Public Prosecutor A.R. Choudhary appeared for the state, and advocate Aasu Devi represented the wife.