Mere Knowledge Of Second Marriage Insufficient To Implicate Relatives In Bigamy Offence : Supreme Court

The Supreme Court on Friday (April 24) held that relatives cannot be fastened with liability for the offence of bigamy merely based on their knowledge of the second marriage. The Court said that unless it is shown that the relatives have actively participated in, facilitated, or encouraged the solemnisation of second marriage, they cannot be held liable for bigamy. A Bench of Justice Sanjay Karol and Justice Augustine George Masih quashed the proceedings under Sections 498A and 494 of the Indian Penal Code against the husband's relatives, including his father, mother, and sister, who the complainant-wife had accused of subjecting her to cruelty and encouraging the husband to contract a second marriage. The case arose from an FIR registered in 2016 by a woman alleging prolonged cruelty, dowry harassment, and her husband's second marriage. While detailed allegations—including physical assault, monetary demands, and deception—were made against the husband, the accusations against the in-laws were largely limited to claims of “presence” during incidents and general “encouragement” of the husband's conduct to do bigamy. The complainant further alleged that the in-laws were aware of the husband's second marriage and had benefited from dowry-related payments and sale of gold ornaments. Based on these claims, charges were invoked under Sections 498A (cruelty), 494 (bigamy), and 34 (common intention) IPC. After the trial court proceeded with the case and the Kerala High Court declined to intervene under its inherent powers, the in-laws approached the Supreme Court seeking the quashing of the proceedings. Setting aside the impugned order, the judgment authored by Justice Masih emphatically noted that mere knowledge of a second marriage would not attract the offence of bigamy unless an active participation is shown that the accused persons have assisted in the solemnisation of a second marriage. Since, the prosecution was not able to show an active participation of the Appellants for aiding the second marriage of the husband, the Court termed the wife's allegations to be bald and vague, made without any justification. “While it has been alleged that the accused-appellants were aware of the second marriage, mere knowledge that an act is being or has been committed by another person does not, by itself, establish the requisite common intention. Even proceeding on the basis that the accused-appellants were aware of the second marriage, there is no allegation, let alone any material, to suggest that they actively participated in, facilitated, or encouraged the solemnisation of that marriage.”, the court observed. In view of the aforesaid, the appeal was allowed. Cause Title: SIVARAMAN NAIR AND OTHERS VERSUS STATE OF KERALA AND ANOTHERCitation : 2026 LiveLaw (SC) 422Click here to download judgmentAppearance: For Petitioner(s) :Mr. Abhilash MR., Adv. Mr. Manjari Singh, Adv. Mr. Rajkumar, Adv. Ms. Ann Melvin, Adv. M/s M R Law Associates, AOR For Respondent(s) :Mr. Nishe Rajen Shonker, AOR Mrs. Anu K Joy, Adv. Mr. Alim Anvar, Adv. Mrs. Devika A.l., Adv. Mr. Santhosh K, Adv. Mr. Renjith B. Marar, Adv. Ms. Lakshmi N. Kaimal, AOR Mr. Arun Poomulli, Adv. Mr. Harsh Vardhan Shyam, Adv. Mr. Jeby Mather, Adv.

Mere Knowledge Of Second Marriage Insufficient To Implicate Relatives In Bigamy Offence : Supreme Court

Yash Mittal

It has to be shown that they actively facilitated, encouraged or participated in the second marriage.

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Mere Knowledge Of Second Marriage Insufficient To Implicate Relatives In Bigamy Offence : Supreme Court

Yash Mittal

It has to be shown that they actively facilitated, encouraged or participated in the second marriage.

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

This is a premium content
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