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ISSUE BEFORE THIS COURT

3. While assailing the impugned order dated 21.01.2019, these petitions raise the following questions of law:

"...a) Whether the learned Sessions Court is justified in dismissing the complaint under Section 494 and 109 of Indian Penal Code wherein the summons were issued by the learned MM after coming to a definite conclusion that a prima facie case is made out to summon the accused persons on the basis of pleadings and documents on record to proceed under Section 494 against Respondent No. 1 and under Section 109 IPC against Respondent Nos.2, 3 & 4.

"...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.

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.