AIR 1965 JAMMU AND KASHMIR 105 ::1965 Kash LJ 125

Jammu And Kashmir High Court

Hon'ble Judge(s): S. Murtaza Fazal Ali, Janki Nath Bhat , JJ

(A) Penal Code (45 of 1860) , S.494— 'Marries' - Connotation of - Accused must have gone through legal form of marriage - Parties to second marriage Hindus - Ceremonies such as Saptapadi required by S.7(2), Hindu Marriage Act, to make marriage complete and binding not proved - Merely from' presence of priest at alleged marriage presumption that all ceremonies must have been performed cannot be drawn - Offence of bigamy - Conditions to be proved by prosecution indicated. The word "marries" appearing in Section 494 undoubtedly denotes that the accused must have undergone some form of marriage but the form of marriage which this Section contemplates is a form which is recognized by law; otherwise there would be hardly any difference between concubinage and a lawful marriage. The Legislature has not made any provision for punishing a person who keeps merely a concubine even when his first spouse is still living. A distinction, however, should be drawn between the validity of marriage itself on grounds personal to the parties and the formal ceremonies that are required to be performed to make a marriage complete. Where the necessary ceremonies have been performed, the marriage is complete though it may not be legal where certain other conditions imposed are not fulfilled. In @page-JK106 order to attract the provisions of Section 494,....