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The Karnataka High Court, in an order last month, noted that while the offence of bigamy could be pursued against the “erring spouse”, it would not be valid to prosecute his family members and extended relatives.
A single-judge bench of Justice R Nataraj was hearing a case based on a petition filed by the family members of a man who was booked under Indian Penal Code sections invoking charges of bigamy and cheating.
“…those offences can be pursued by a spouse against an erring spouse and the other members of the family or members of the extended family cannot be prosecuted for the offences punishable under sections 494, 495 or 496 of IPC. Therefore, pursuing the case against the other accused for the offences punishable under sections 494, 495 and 496 of IPC (offences related to bigamy) is unwarranted,” the bench observed on October 12.
The man’s father-in-law had filed a complaint alleging that his daughter, who had been married in 2009 and had given birth to twin daughters, later realised that her husband was already married to another woman. These facts were suppressed by the man and his family, the man’s father-in-law alleged in his complaint.
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In court, the counsel for the man and his relatives argued that the provisions of the offence would, at best, lie against him alone.
The bench also said, “The question whether accused No.1 (husband) had disclosed his marital status to respondent (wife’s father) and his daughter before the marriage, is a fact that has to be established by accused before the trial court.”
The bench then ordered that the offences related to bigamy cannot be pursued for the remaining accused.
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