Indian Penal Code, 1860
Section 494—Offence of bigamy—Petition to quash proceedings—Offence punishable under Section 494 of IPC would be made out against any person if he/she solemnizes a marriage during the lifetime of either the husband or wife; as the case may be—Mere fact of a man and a woman living together as husband and wife would not be considered as an offence punishable under Section 494 IPC if they have not performed of a valid marriage in accordance with the existing law—Nothing on record to establish that petitioner is living with a lady after performing ceremonies of Hindu religion with an intention to declare their relation as “husband-wife” under a valid marriage—Even if it is presumed that petitioner has performed Nata marriage with the said lady, then also there is nothing on record to establish as to whether the same was done by following the marriage ceremonies required by personal law governing the parties or by following the essential ceremonies for a Nata marriage—Proceedings quashed.
[Para 7]
Decision : Petition allowed