Before granting Divorce Mrs. Ramani got married with another man. State whether she is liable, if so under which Section of IPC?

Facts of the Case

• Mrs. Ramani was legally married to her husband (first marriage).
• Before the court granted a valid divorce decree, she entered into another marriage with a different man.
• This creates a situation where she has two subsisting marriages at the same time.
• The question is whether such conduct amounts to an offence under the Indian Penal Code.

Issues in the Case

1. Whether contracting a second marriage during the subsistence of the first marriage amounts to an offence?
2. Whether the absence of a divorce decree makes the second marriage void?
3. Under which section(s) of IPC Mrs. Ramani becomes liable?
4. Whether the second husband is also liable?

Legal Principles Covered

A. Section 494 – Bigamy

• Section 494 IPC: Marrying again during the lifetime of a husband or wife.
• Ingredients:
  1. First marriage must be valid.
  2. The first spouse must be alive.
  3. Second marriage must be solemnized knowingly.
• Punishment: Imprisonment up to 7 years and fine.
• In this case:
  • The first marriage was valid.
  • No lawful divorce was obtained.
    → The second marriage is bigamous.

B. Section 495 – Bigamy with concealment

• Applies only if the offender conceals the fact of the previous marriage from the second spouse.
• Punishment: Imprisonment up to 10 years and fine.
• If Mrs. Ramani hid her first marriage from the second man, Section 495 IPC may also apply.

C. Void second marriage (Hindu Marriage Act Section 11)

• Under personal laws (Hindu Marriage Act), a second marriage during the subsistence of the first is void.
• Criminal liability is separate and governed by the IPC.

Possible Judgement

Court’s Likely Findings

1. Since the first marriage was still valid, the second marriage is illegal.
2. Mrs. Ramani knowingly entered into a second marriage → Offence of bigamy under Section 494 IPC.
3. If she concealed her first marriage, she may further be charged under Section 495 IPC.
4. The second husband may also be liable if he knew about the previous subsisting marriage (Section 494 IPC – abetment).

Probable Judicial Outcome

• Mrs. Ramani is criminally liable under Section 494 IPC for bigamy.
• If concealment is proven, liability increases under Section 495 IPC.
• The second marriage will be declared void under personal law.

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