Accused’s admission in bigamy cases can’t prove 2nd marriage: HC

In a significant ruling, the Bombay High Court recently held that in cases of adultery or bigamy, the admission of marriage by an accused cannot be construed as an evidence to prove marriage. The HC further held that merely going through certain ceremonies with an intention to marry, will not make the ceremonies legal.

A single-judge bench of Ajay Gadkari pronounced this ruling last week while dealing with a criminal appeal filed by Vidyasagar Mane (43), a resident of Navi Mumbai. Mane, was booked by the Navi Mumbai police for abetting suicide of his second wife. He was also charged with offences under bigamy and also for cheating. He was however acquitted from the charges of abatement to suicide of his wife but was convicted for cheating and bigamy. The Trial court had punished with seven years rigorous imprisonment for both the charges.

Mane was arrested in April 2014 after his second wife committed suicide after learning that he had cheated upon her. The prosecution claimed that Mane had married his second wife by cooking up a false story of his first wife’s death. Justice Gadkari considered the facts of the case and acquitted Mane from charges of bigamy, after referring to few rulings of the SC.

While referring to a SC ruling, Justice Gadkari said, “For application of the charges under bigamy or adultery, a marriage must come within solemnized marriage which means to celebrate the marriage with proper ceremonies and in due form. In a bigamy case, the second marriage as a fact, that is to say, the essential ceremonies constituting it must be proved.”

“Mere going through certain ceremonies with intention to marry will not make the ceremonies prescribed by law or approved by customs. Also, the admission of marriage by the accused is not evidence of it for the purpose of proving marriage in an adultery or bigamy case,” Justice Gadkari ruled. He further noted that there was no evidence on record to establish that Mane performed second marriage by following necessary and essential ceremonies as per the mandate of law.