CASE: Anand v. Chandramma, 2022 Karnataka High Court
Shubhi Rathore | Edited By Prabhat Bandhulya
The petition was filed before the HC to quash the proceedings of bigamy punishable under Section494 Indian Penal Code, which was pending before a Civil Judge. The petitioner, the husband 76 years,got married to the respondent (wife 69 years) in the year 1968 and had three children. Later, the petitioner married for the second time with Smt. Savitramma (sister of the respondent) with the consent of the first wife and had two children. Again, the third time, the petitioner gets married to Smt.Varalakshmi in 1993 with the consent of his present two wives. The dispute arose when the petitioner started gifting his property to his 2nd wife.The counsel for the petitioner argues that the allegations against the petitioner are fallacious as the respondent was aware about 2nd and 3rd marriage of the petitioner, as the 2nd marriage took place with her sister and the respondent. However, the counsel for the respondent states that 2nd marriage took place by suppressing the fact that the petitioner was married. The court held that, as the petitioner himself agrees that he is the husband of three women, he is in the web of Section 494 IPC. The proceedings against the petitioner cannot be quashed as the consent of the wives are immaterial in the case of bigamy and the delay in filing the case is also insignificant as bigamy is a continuing offence.