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.
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