Reena Devi and Anr. vs State of Punjab and Others (Punjab & Haryana High Court)

Reena Devi and Anr vs State of Punjab and Others

A lustful and adulterous life without obtaining a divorce from an earlier spouse may be held liable for the offence of bigamy under Section 494 of the Indian Penal Code (IPC). 

Justice Kuldeep Tiwari made the observation while declining to order police protection for a live-in couple after noting that the man was still married to another and had a two-year-old daughter out of the said wedlock.

“Without obtaining any valid decree of divorce from his earlier spouse and during subsistence of his earlier marriage, the petitioner No.2 [man] is living a lustful and adulterous life with the petitioner No.1 [live-in partner], which may constitute an offence punishable under Sections 494/495 of the IPC, as such a relationship does not fall within the phrase of ‘live-in relationship’ or ‘relationship’ in the nature of marriage,” the Court said.

According to Section 494 of the IPC, bigamy carries a maximum sentence of seven years in prison as well as a fine.

The man and his wife, in this instance, had a pending divorce case before the Family Court.

The man may nonetheless have violated Sections 494 (remarrying while still a husband or wife) and 495 (concealing a previous marriage from a person with whom a future marriage is contracted) of the Indian Penal Code, the Court noted.

In order to shield themselves from family members, the man and his live-in partner had applied to the court for police protection.

The woman’s (partner’s) family has reportedly threatened to kill them, despite the fact that the man’s family has welcomed the connection.

But according to Justice Tiwari, the petition contained only “bald and vague” claims about these kinds of threats.

The Court further stated that no evidence was presented in court to substantiate these claims, nor were any examples of threats of this nature mentioned.

Therefore, it held that, in the absence of any solid evidence to back up the assertions, the Court cannot simply and naively accept such “bald and vague allegations.”

The live-in couple’s petition was thus denied by the court, which stated that it seemed to have been filed “to avoid any criminal prosecution in cases of adultery.”

“To the judicial mind of this Court, the hidden intent of the petitioners is just to obliquely obtain the seal of this Court on their conduct,” the Court stated, disguising their use of the writ jurisdiction.

The petitioners were represented by attorney Virender Singh.

READ THE COMPLETE ORDER:

For regular legal updates: https://juscuriam.com

Leave a Reply

Your email address will not be published. Required fields are marked *

Sample Mock Tests for Practice

THE INDIAN CONTRACT ACT, 1872 (PAPER – 14 Q. NO. 456 TO 490)

MADHYA PARDESH LOWER JUDICIAL SERVICES 2019-1

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2019

THE CONSTITUTION OF INDIA, 1949 (PAPER – 04 Q. NO. 106 TO 140)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 01 Q. NO. 1 TO 35)

MAHARASHTRA LOWER JUDICIAL SERVICES 2019

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 15 Q. NO. 561 TO 600)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 04 Q.NO. 121 TO 160)

THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 (PAPER 01 Q. NO. 1 TO 30)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 09 Q.NO. 321 TO 345)

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2007-1

THE INDIAN CONTRACT ACT, 1872 (PAPER – 03 Q. NO. 71 TO 105)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 03 Q. NO. 71 TO 105)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 14 Q. NO. 521 TO 560)

THE LAW OF TORTS (PAPER 02 Q. NO. 46 TO 90)

THE COURT FEES ACT, 1870 (PAPER 01 Q. NO. 1 TO 7)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 05 Q. NO. 161 TO 200)

THE SALE OF GOODS ACT, 1930 (PAPER – 01 Q. NO. 1 TO 35)

RAJASTHAN LOWER JUDICIAL SERVICES 2019

THE WILD LIFE PROTECTION ACT, 1972 (PAPER 02 Q. NO. 26 TO 50)

THE HINDU MARRIAGE ACT, 1955 (PAPER NO.: 04 Q. 76 TO 100)

THE SPECIFIC RELIEF ACT, 1963 (PAPER – 07 Q. NO. 211 TO 231)

THE INDIAN FORESTS ACT, 1927 (PAPER 01 Q. NO. 1 TO 43)

THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 (PAPER 02 Q. NO. 31 TO 60)

THE LAW OF ADMINISTRATION (PAPER 01 Q. NO. 1 TO 30)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 16 Q. NO. 601 TO 640)

THE COMMERCIAL COURTS ACT, 2015 (PAPER 01 Q. NO. 1 TO 12)

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2015

THE HINDU ADOPTION AND MAINTENANCE ACT, 1956 (PAPER 02 Q. NO. 31 TO 39)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 10 Q. NO. 361 TO 400)

THE ADMINISTRATIVE TRIBUNALS ACT, 1985 (PAPER-01 Q. NO. 1 TO 21)

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2011

MADHYA PRADESH LOWER JUDICIAL SERVICES 2019(2)

MADHYA PARDESH LOWER JUDICIAL SERVICES 2019-2

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 08 Q. NO. 281 TO 320)