Section 495 begins with the words "whoever commits the offence defined in the last preceding Section........" The reference to Section 494 IPC in Section 495 IPC makes it clear that Section 495 IPC is extension of Section 494 IPC and part and parcel of it. 2 is not an aggrieved person so far as commission of offences punishable under Sections 494 and 495 IPC is concerned, has no substance and cannot be accepted. Its scope and meaning depends on diverse, variable factors such as the content and intent of the statute of which contravention is alleged, the specific circumstances of the case, the nature and extent of complainant's interest and the nature and the extent of the prejudice or injury suffered by the complainant. Eleven Month Lease Deeds between landlord and Tenant also need registeration ! “The live-in- relationship if continued for such a long time, cannot be termed in as “walk in and walk out” relationship and there is a presumption of marriage between them ..”Supreme Court in 2004 in the Rameshchandra Daga vs Rameshwari Daga case ,where the maintenance rights of women in “informal relationships or invalid marriages” were upheld.These cases virtually encourage relationship outside-marriage,this created confusion in the minds of people. Who can file complaint? So the technical plea advanced by the learned counsel for the appellant that in absence of appeal by any of the respondents, quashing of proceedings with respect to the offence punishable under Reportable, Section 498A IPC, cannot be set aside, is hereby rejected. Nobody other than husband can file complaint for offence under Section … Therefore, that part of the impugned judgment by which the complaint filed by the respondent no. Get free answers to all your legal queries from experienced lawyers & expert advocates on criminal & other legal issues at LawRato. In case of an offence of bigamy provided under Section 494, IPC, not only the wife but her mother, father, sister, brother, daughter or son can also file a complaint on her behalf. Clause (2) provides for curing of repugnancy which would otherwise invalidate a State law which is inconsistent with a Central law or an existing law. Section 16 of the Marriage Act deals with legitimacy of children, of void and voidable marriages. aggrieved by an offence punishable under Section 494 or Section 495 of the Indian Penal Code, is the wife etc., it was pleaded that in the instant case no complaint was made to the Court but was made to the police and on the basis of charge sheet, the Magistrate had taken cognizance of the offences which is contrary to Section 198 of the Code and is illegal. Therefore, the provision made in Section 198(1)(c) that no Court shall take cognizance of an offences punishable under Chapter XX of the IPC except upon a complaint made by some person aggrieved will have to be read subject to the amendment made by the Legislative Assembly of the State of Andhra Pradesh in 1992. this of offense is attracted only when the second procedure was conducted legally so as to give it a legally accepted marriage status. Singhvi and A.K. Sadanatham (1979) 2 SCC 297 and P.S.R. Section 494 does not restrict right of filing complaint to the first wife and Reportable. File a complaint before magistrate under section 200 of cr.p.c for offence of section 182/211/499/500 of ipc. If a complaint for the offence under Section 494 of IPC is lodged along with other cognizable offences before the police and if the police files a charge-sheet, the Court can take cognizance of the offence under Section 494 of IPC also along with other cognizable offences by virtue of Section 155(4) of Cr.P.C. To notice an obvious error of law committed by the High Court and thereafter not to do anything in the matter would be travesty of justice. 3. Provided that nothing in this clause shall prevent Parliament from enacting a law adding to, amending, varying or repealing the law made by the legislature of the State". In short, the result of obtaining the assent of the President to a State Act which is inconsistent with a previous Union Law relating to a concurrent subject would be that the State Act will prevail in that State and overrule the provisions of the Central Act, in that State. It is extraordinary in its amplitude. If not, there is no second marriage to begin with and so no second wife and so, no bigamy. When an apparent irregularity is found by this Court in the order passed by the High Court, the Supreme Court cannot ignore substantive rights of a litigant while dealing with the cause pending before it. Non-filing of the complaint under Section 494 IPC by first wife does not mean that the offence is wiped out and monogamy sought to be achieved by means of Section 494 IPC merely remains in statute book. ( Log Out /  which would be suffered by the woman with whom second marriage is performed, if the marriage is declared to be void, let us make an attempt to ascertain the purpose of enacting Section 494 IPC. 2 is that the appellant had collected total amount of Rs.28,000/- from her father towards hand loan on the false plea that he was constructing his own house at Borabanda and the appellant further demanded a sum of Rs.20,000/- from her father and when her father expressed inability to pay the amount, the appellant threatened the complainant and her father with dire consequences by showing his licensed revolver. [14] The court in Subash Babu v. It enacts that neither party must have a spouse living at the time of marriage. Whether judge can alter Judgment after it is signed? Having noticed the amendment made by the Legislative Assembly of the State of Andhra Pradesh regarding Section 494 and 495 IPC, this Court proposes to consider the effect of assent given by the President on 10th February, 1992 to the Code of Criminal Procedure (Andhra Pradesh Second Amendment) Act, 1992. 2 - Can you arrange to provide any reference judgment for this case. In the case of Neelaveni Vs. State Rep.By Insp.Of Police & Ors, where the aggrieved wife advanced a High court judgment for quashing the charge sheet under Section 406 and 494 of the Indian Penal Code. Frame work extract Section 494 is intended to achieve laudable object of monogamy the order which essentially! You arrange to provide any reference Judgment for this case for for lodging complaint in.! In your details below or click an icon to Log in: You are using! 500 of the Indian Penal Code of the appeal subsequent marriage is declared null and void, the declared... 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