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While hearing a case, the Rajasthan High Court has not held a husband guilty of living with another woman after marriage. The High Court said that the crime of second marriage will not be considered against a person until he has legally married the other woman. The court also said that the crime of second marriage cannot be registered against him just because he is living with another woman.
According to a report by Bar and Bench, the judge commented during this time that under Section 494 of the IPC, a person will be considered guilty of second marriage only if he has legally married another wife while still having one wife. The crime of second marriage does not stand against him just because the person is living with another woman.
In fact, the petitioner’s wife had accused him of marrying another woman, cruelty to her and many other things. The husband had approached the High Court on the case going on in the trial court. The wife’s lawyer tried to get the husband’s petition dismissed by saying that even if it is accepted that he is living under Nata Pratha (living with another woman like husband and wife without marriage), he is still guilty of second marriage.
However, after hearing all the arguments, the court while hearing the husband’s petition said that no such evidence was presented in the court which could prove that the husband has legally married the woman with whom he is living. The court said during this time that the crime of second marriage cannot be proved, hence the criminal case going on in the trial court is cancelled.
