In a recent verdict, the Rajasthan High Court shed light on the delicate line between cohabitation and the legal offense of bigamy. The case in question involved a married man accused of bigamy for living with another woman. However, Justice Kuldeep Mathur clarified that unless a second marriage ceremony had taken place, the charge of bigamy wouldn’t stand.
The essence of the ruling lies in the interpretation of Section 494 of the Indian Penal Code (IPC), which deems bigamy an offense only if a person solemnizes a second marriage while the first is still valid. Mere cohabitation, the Court stressed, does not suffice to constitute bigamy unless a formal marriage ceremony is conducted.
In this particular case, the petitioner faced allegations of bigamy and cruelty from his wife. However, his defense argued that there was no evidence of a second marriage ceremony. Despite the wife’s claims, the Court found no substantiated proof of a legally binding union between the petitioner and the other woman.
The counsel for the wife contended that even if the relationship between the petitioner and the other woman followed Nata marriage customs, it would still amount to bigamy. However, the Court emphasized the lack of evidence regarding the nature and legality of such a union, thereby refuting the claim of bigamy.
Advocate Navneet Poonia represented the petitioner, while Public Prosecutor AR Choudhary stood for the State. Meanwhile, advocate Aasu Devi advocated for the complainant.
This ruling from the Rajasthan High Court presents a nuanced perspective on the legal intricacies surrounding marital relationships and cohabitation. While it clarifies that mere cohabitation does not constitute bigamy, it also underscores the necessity of adhering to legal procedures when formalizing relationships.
