LI Network
Published on: January 8, 2024 at 00:10 IST
In a significant ruling, the Delhi High Court emphasized that the first wife in a complaint of bigamy against her husband need not prove every ceremony of the second marriage before issuing summons.
Addressing a batch of petitions against the order set aside by the Additional Sessions Judge at Saket Courts, the High Court emphasized that the absence of adultery as an offense doesn’t grant individuals immunity to secretly remarry while their first marriage endures.
Justice Swarana Kanta Sharma observed that demanding proof of all marriage ceremonies before summoning the accused for bigamy places an undue burden on the first wife. The law, she stressed, must adapt to practical realities and cannot be overly technical.
Case Overview:
The complaint, filed under Sections 494 and 406 of the Indian Penal Code, alleged bigamy by the husband. The petitioner and respondent were married in 2001, and the husband’s subsequent actions, such as a proposal and a child with another woman, led to the complaint.
The High Court highlighted the complexity of proving rituals like ‘saptapadi’ in the second marriage, noting that such matters need comprehensive scrutiny during trial proceedings.
Furthermore, the Court stressed the need to protect spouses in legally valid marriages when their partners remarry without evidence like ‘saptapadi,’ especially given the absence of adultery as a punishable offense.
Acknowledging changing societal norms regarding marriage, the Court aimed to balance these shifts while upholding the sanctity of marriage.
The Court underscored that burdening the victim, the first wife, with proving every ceremony of the second marriage, especially a clandestine one, is unjust. It cautioned against using procedural loopholes to evade legal consequences.
The High Court ultimately upheld the Metropolitan Magistrate’s summoning order and set aside the Sessions Court’s decision, emphasizing the importance of fairness and justice in legal proceedings.