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"...14. For the offence of section 494 IPC, proof of solemnization of second marriage in accordance with essential religious rites for the offence of section 494 IPC, proof of solemnization of second marriage in accordance with essential religious essential religious rites applicable to parties is sine qua non. Said requirement is absolutely essential and must for conviction for the offence of bigamy. Ever the purpose of summoning, there has to be some evidence though feeble or infirm, regarding second marriage having been performed by rituals i.e. some evidence to the performance of essential ceremonies governing the parties in the form of photographs, videography or the examination of any eye witness has to be there for proceeding against a person for the offence of bigamy under section 494 IPC. The evidence in the form of photographs or some documents showing the parties to be in relationship akin to marriage is not sufficient even to proceed against the accused u/s 200 Cr.PC.

15. It is a settled principle of law that to attract the penal provision of law u/s 494 IPC, it must be shown that the subsequent marriage was solemnized upon due performance of essential ceremonies upon which only, a marriage becomes a valid marriage. In this regard a distinction has to be drawn between the first marriage, the subsistence of which gives the complainant a right to file a complaint u/s 494 IPC, and a second marriage, which can be said to be bigamous for the purpose of section 494 IPC. In the case of first marriage, it has to be proved that the marriage was legally valid i.e. (1) there were no legal impediment to the contracting of such marriage; and (2) that the marriage was performed according to the minimum ceremonies necessary for its validity.

16. In case of first marriage, if the marriage is not found to be valid according to either of aforementioned two tests, no offence of bigamy will be made out. But in case of second marriage, it is not necessary that the marriage should be otherwise valid according to law apart-', from the fact that the spouse is living. For example, the fact that the parties to the second marriage are within prohibited degree, will not prevent the marriage being bigamous. However, it is necessary that the ceremonies, essential to a marriage, are duly performed. Thus, while the absence of legal impediments is required for determining the validity of the first marriage, the impediment are not to be considered for treating the second marriage as bigamous. Merely going through certain ceremonies, with the intention that parties be taken to be married, will not make the ceremonies prescribed by law or approved by any established custom. Hence, mere living in live-in relationship with a person will not be sufficient to attract Section 494 IPC unless there is some satisfactory evidence of the performance of ceremonies of a valid marriage.

i. Section 494 of IPC: The Law and the Essentials

11. Section 494 of IPC, which defines the offence of „bigamy‟ reads as under:

"494. Marrying again during life-time 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.