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Laxmi Devi (Smt) v. Satya Narayan And Others
Factual and Procedural Background
The first respondent was prosecuted before the Judicial Magistrate No. 1, Bikaner for the offence of bigamy under Section 494 of the Indian Penal Code (IPC). Respondent 7 faced a charge under Section 494 read with Section 109 IPC, while Respondents 2–6 and 8–9 were charged under Section 494 read with Section 120-B IPC. The trial court held that the prosecution had failed to prove the essential Hindu marriage ceremony of saptapadi (the taking of seven steps before the sacred fire) and therefore did not establish the factum of a second marriage. The High Court, by order dated 18 July 1978, refused the State leave to appeal. The aggrieved complainant (appellant) then filed the present criminal appeal before the Supreme Court.
Legal Issues Presented
- Whether proof of the essential ceremony of saptapadi is indispensable to establish the fact of a second marriage for an offence under Section 494 IPC.
- Whether eyewitness testimony asserting that a marriage took place, without proof of the essential ceremony, is sufficient to sustain a conviction for bigamy.
Arguments of the Parties
Appellant's Arguments
- Although saptapadi has not been proved, sufficient eyewitness evidence establishes that a second marriage in fact took place.
- Insistence on proof of saptapadi is unnecessary once the factual occurrence of the marriage is shown; therefore, the courts below erred in law by demanding that ceremony.
Respondents' Arguments
- Saptapadi is an essential ceremony for a valid Hindu marriage; without proof of this rite, no second marriage is legally recognised.
- Consequently, in the absence of evidence of the essential ceremony, the prosecution cannot make out a case of bigamy under Section 494 IPC.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| Kanwal Ram v. H.P. Administration, AIR 1966 SC 614 | Essential ceremonies must be proved for a marriage to be legally recognised in a prosecution for bigamy. | Relied on to hold that absence of proof of saptapadi is fatal to the prosecution’s case. |
| Bhaurao Shankar Lokhande v. State of Maharashtra, AIR 1965 SC 1564 | A marriage is not proved unless the essential ceremonies required for its solemnisation are shown to have been performed. | Cited (through Kanwal Ram) as authoritative support for the need to prove essential rites. |
| Priya Bala Ghosh v. Suresh Chandra Ghosh, (1971) 1 SCC 864 | Where homa and saptapadi are essential rites, failure to prove them defeats a charge of bigamy. | Reiterated to confirm that eyewitness testimony alone cannot replace proof of essential ceremonies. |
Court's Reasoning and Analysis
The Supreme Court scrutinised the testimony of prosecution witnesses PW 2 to PW 5 and found that none established the performance of saptapadi. Drawing on the precedents in Kanwal Ram, Bhaurao Shankar Lokhande, and Priya Bala Ghosh, the Court reaffirmed that proof of essential ceremonies is a sine qua non for recognising a Hindu marriage in criminal proceedings for bigamy. Mere assertions or eyewitness accounts of a marriage, without evidence of the mandated rites, are insufficient to bring the alleged second marriage within the ambit of Section 494 IPC. Accordingly, the Court concluded that the prosecution had failed to establish the factum of a valid second marriage.
Holding and Implications
The criminal appeal was disposed of. The conviction for bigamy could not be sustained because the essential ritual of saptapadi was not proved. Exercising powers under Article 142 of the Constitution, the Court nevertheless directed the first respondent to pay Rs 25,000 as compensation to the appellant within eight weeks. The decision reiterates the established principle that proof of essential marriage ceremonies is mandatory for a bigamy conviction and illustrates the Supreme Court’s willingness to grant equitable relief under Article 142 even when criminal liability is not established.
S. Mohan, J.— The first respondent was charged for an offence under Section 494 IPC, Respondent 7 under Section 494 read with Section 109 of IPC and Respondents 2 to 6 and 8 and 9 under Section 494 read with Section 120-B of IPC. The trial took place before Judicial Magistrate No. 1, Bikaner. It was held that the prosecution had not proved through proper witnesses ‘saptapadi’ to establish the factum of second marriage of accused (Respondent 1). The High Court found that it was not a fit case for grant of leave to appeal. Thus, the present criminal appeal against the impugned order dated 18-7-1978 was passed by High Court.
2. The only point urged before us is that though ‘saptapadi’ a fact has not been proved, there is enough evidence to establish the factum of second marriage. There are eyewitnesses who have seen the marriage. That is enough to bring out the charge. The principle relating to ‘saptapadi’ taking of seven steps before the sacred fire cannot be insisted upon if as of fact marriage is established. Therefore, the courts below are wrong.
3. The learned counsel for the respondents would urge that the courts below have correctly appreciated the legal position. It is ‘saptapadi’ which establishes the factum of marriage, being an essential ceremony. Without proof of such a ceremony, a case for bigamy cannot arise.
4. We have carefully gone through the evidence. The evidence of PW 2 to PW 5 does not establish the essential ceremony of marriage viz. ‘saptapadi’.
5. This Court in Kanwal Ram v. H.P Administration AIR 1966 SC 614, (1966) 1 SCR 539, 1966 Cri LJ 472 has held as under:
“It was contended for the appellants that this evidence was not enough to show that the marriage of Kubja and Kanwal Ram can be said to have been performed. We think this contention is justified. In Bhaurao Shankar Lokhande v. State of Maharashtra AIR 1965 SC 1564, (1965) 2 SCR 837, (1965) 2 Cri LJ 544, this Court held that a marriage is not proved unless the essential ceremonies required for its solemnisation are proved to have been performed. The evidence of the witness called to prove the marriage ceremonies, showed that the essential ceremonies had not been performed. So that evidence cannot justify the conviction. The trial court also took the same view. The learned Judicial Commissioner does not seem to have taken a different view.
The learned Judicial Commissioner, however, thought that apart from the evidence about the marriage ceremonies earlier mentioned there was other evidence which would prove the second marriage. He first referred to a statement by the appellant Kanwal Ram that he had sexual relationship with Kubja.”
6. The same principle is reiterated in Priya Bala Ghosh v. Suresh Chandra Ghosh (1971) 1 SCC 864, AIR 1971 SC 1153 as under:(, 872, paras 10, 25)
“According to Mr Majumdar, when once the priest has given evidence to the effect that the marriage between the respondent and Sandhya Rani has been performed, it follows that all the essential ceremonies that are necessary to constitute a valid marriage must be presumed to have been performed. In any event, when there is evidence to show that the marriage as a fact has taken place, the presumption is that it has taken place according to law. In this connection Mr Majumdar referred us to various English decisions where on the basis of certain evidence regarding the taking place of marriage between the parties a presumption has been drawn that the marriage must have been solemnized according to law. In our opinion, it is unnecessary to refer to those cases cited by the learned counsel as the position is concluded against the appellant by the decisions of this Court on both points. Section 5 of the Act lays down conditions for a Hindu marriage. It will be seen that one of the conditions is that referred to in clause (i), namely, that neither of the parties has a spouse living at the time of the marriage. Section 7 dealing with the ceremonies for Hindu marriage is as follows:
‘7. Ceremonies for a Hindu marriage.— (1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.
(2) Where such rites and ceremonies include the Saptapadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.’
We have pointed out that in the case before us both sides were agreed that according to the law prevalent amongst them Homa and Saptapadi were essential rites to be performed for solemnization of the marriage and there is no specific evidence regarding the performance of these essential rites. The parties have also not proved that they are governed by any custom under which these essential ceremonies need not be performed.
To conclude, we have already referred to the fact that both the learned Sessions Judge and the High Court have categorically found that the Homa and Saptapadi are the essential rites for a marriage according to the law governing the parties and that there is no evidence that these two essential ceremonies have been performed when the respondent is stated to have married Sandhya Rani.”
(emphasis supplied)
7. The position is similar in this case. In the absence of proof of such a ceremony the factum of second marriage cannot be held to have been made out.
8. Though we have come to the above conclusion, the first respondent is undoubtedly living with Bimla, Respondent 4 as husband and wife. Merely because the appellant is not in a position to prove the factum of second marriage punishable under Section 494 of the Indian Penal Code that does not mean the appellant should be left in the lurch. Exercising our powers under Article 142 of the Constitution of India we think appellant should be awarded compensation which will bring some solace when her life is dismally dark. Therefore, we quantify the compensation at Rs 25,000 which shall be paid by the first respondent to the appellant within eight weeks from today.
9. In the result, the criminal appeal is disposed of in the above terms.
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