SMT. LAXMI DEVI versus SATYA NARAYAN AND ORS.

In the absence of proof of essential ceremonies ('Saptapadi'), the factum of second marriage under Section 494 IPC cannot be held to have been made out.

Parties: Appellant: Smt. Laxmi Devi; First Respondent: Satya Narayan; Respondent Advocate: B.S. Jain
Jurisdiction: India
Judgment Date: 09 August 1994
Procedural Posture: Criminal Appeal / Appeal Disposed
Outcome: Appeal disposed of
Legal Topics: Bigamy, Essential Ceremonies in Hindu Marriage, Compensation Under Article 142

Criminal Law Family Law Constitutional Law Bigamy Essential Ceremonies in Hindu Marriage Compensation Under Article 142

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Full judgment text Legal principles 2 Authorities cited 8 Party arguments 2 Amounts and remedies 1

Parties

Smt. Laxmi Devi

Appellant

Satya Narayan

First Respondent

B.S. Jain

Respondent Advocate

Procedural Posture

Criminal Appeal / Appeal Disposed

Legal Issues

1 Whether the prosecution proved the essential ceremonies ('Saptapadi') to establish the factum of second marriage under Section 494 IPC.
2 Whether compensation can be awarded to the first wife under Article 142 of the Constitution when factum of second marriage is not proved.

Ratio Decidendi

In the absence of proof of essential ceremonies ('Saptapadi'), the factum of second marriage under Section 494 IPC cannot be held to have been made out.

Court Disposition

Appeal disposed of

Orders

Compensation of Rs. 25,000 awarded to appellant to be paid by the first respondent within eight weeks from the date of judgment.