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Saraswathi vs Thirupathi on 24 September, 2014 cites

Santi Deb Berma vs Smt. Kanchan Prava Devi on 10 October, 1990

21.In the foregoing discussions we have seen that the appellant's case that the first respondent contracted the second marriage with the second respondent during the life time of his legally wedded wife, namely the appellant herein and during the subsistence of his marriage with the appellant herein. Hence, his marriage with the second respondent apart from being invalid on the above said ground will amount to an offence punishable under Section 494 IPC, according to the appellant. However, the learned counsel for the first respondent relied on the judgments of the Hon'ble Supreme Court (i) in Priya Bala Ghosh Vs.Suresh Chandra Ghosh reported in AIR 1971 SC 1153 and in Santi Deb Berma Vs. Kanchan Prava Devi reported in AIR 1991 SC 816 and contended that observance of necessary formalities of the customary marriage under the Hindu Marriage Act, 1955 have not been proved and that therefore, the conviction of the respondents recorded by the trial Court was not sustainable. Of course, in those cases, it has been stated that unless the necessary formalities for a customary of Hindu marriage are followed in respect of the second marriage, conviction for bigamy under Section 494 IPC shall not be proper, as the second marriage itself would have been void for non observance of the formalities. Those two judgments were pronounced in respect of persons governed by the Hindu Succession Act, 1956 in States, where there is no amendment as found in Section 7-A of the Hindu Marriage Act applicable in Tamil Nadu and Puducherry. So far as the Tamil Nadu is concerned, Section 7 stands amended by Section 7-A which reads as follows:-
Supreme Court of India Cites 1 - Cited by 37 - S R Pandian - Full Document
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