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Dr.Surajmani Stella Kujur vs Durga Charan Hansdah & Anr on 14 February, 2001

In this context judgment of the Apex Court in Dr.Srajmani Stella Kujur v. Durga Charan Hansdah and Another ([2001] 3 SCC 13) is relevant to be mentioned. In the above case wife had filed a complaint that her marriage was performed at Delhi in accordance with the Hindu rites and customs and the husband solemnized another marriage with accused No.2. Parties belonged to Scheduled Tribe. The Apex Court held that in the absence of specific pleadings, evidence and proof of alleged custom making the second marriage void, no offence under Section 494 IPC can possibly be made out against the respondent. It was W.P(C) No.4559 of 2015 -: 12 :- held by the Apex Court that the fact of second marriage being void is sin qua non for the applicability of Section 494 IPC. The following was laid down in paragraph 14:
Supreme Court of India Cites 15 - Cited by 36 - Full Document
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