KUNTI DEVI versus SOM RAJ AND ANR.

KUNTI DEVI versus SOM RAJ AND ANR.

The crucial question is the date when the second marriage took place. The factual controversy about whether the marriage occurred before or after the stay order requires determination. The High Court must rehear the matter and adjudicate all aspects afresh, including the effect of the stay order and the exact marriage date.

Parties
Appellant: Kunti Devi; Respondent: Som Raj; Respondent: State of Jammu & Kashmir
Jurisdiction
India
Judgment Date
23 September 2004
Procedural Posture
Criminal Appeal / Appeal From Order Quashing Criminal Proceedings
Outcome
Appeal disposed of; case remitted to High Court for fresh consideration.
Legal Topics
Bigamy, Restitution of Conjugal Rights, Dissolution of Marriage, Quashing of Proceedings
Criminal Law Family Law Bigamy Restitution of Conjugal Rights Dissolution of Marriage Quashing of Proceedings

Case Brief

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Parties

Kunti Devi

Appellant

Som Raj

Respondent

State of Jammu & Kashmir

Respondent

Procedural Posture

Criminal Appeal / Appeal From Order Quashing Criminal Proceedings

Legal Issues

  1. 1 Whether the complaint for bigamy was rightly quashed in view of alleged date of second marriage and operation of stay order on remarriage
  2. 2 Effect of appellate stay orders on validity of remarriage during subsistence of appeal

Ratio Decidendi

The crucial question is the date when the second marriage took place. The factual controversy about whether the marriage occurred before or after the stay order requires determination. The High Court must rehear the matter and adjudicate all aspects afresh, including the effect of the stay order and the exact marriage date.

Court Disposition

Appeal disposed of; case remitted to High Court for fresh consideration.

Orders

  • Matter remitted back to the High Court for rehearing.
  • The effect of the stay order dated 24.11.2000 and the exact date of second marriage to be adjudicated afresh.