Vijayawada: Andhra Pradesh High Court has dismissed a plea filed by a woman challenging the acquittal of her husband’s relatives in a bigamy case. The court observed that mere presence of family elders at a second marriage or their failure to prevent it, does not establish abetment or instigation of bigamy.
A single judge bench headed by Justice Subhendu Samanta delivered the verdict in the matter recently. It observed that although the conviction of husband and alleged second wife for offences under sections 498-A and 494 of IPC had attained finality, the surviving issue is whether the relatives and family elders had instigated or shared common intention in relation to the second marriage.
The case arose out of the appellate court’s decision acquitting some relatives who had been proceeded against for offences under Sections 498-A and 494, read with Section 34 IPC, on the ground that the prosecution had failed to prove instigation, common intention, or active participation in the second marriage.
The petitioner contended that the accused relatives, being close family members, had knowledge and actively instigated the second marriage. Their presence at the marriage and refusal to prevent it, establishes their complicity the petitioner maintained.
However, the prosecution submitted that the complainant married A1 (her husband) in 1975 and they have a daughter from the marriage. It is alleged that A1 subsequently developed an illicit relationship with A2 (the alleged second wife) during the subsistence of the first marriage, thereby contracting a second marriage.
The respondents argued that mere presence at the marriage or failure to object does not establish instigation, abetment, or common intention on the part of relatives.
After hearing both the parties, the High Court observed that A1 and A2, being majors, had entered into the second marriage of their own volition. Mere attendance of kin at the marriage, consent to it, or failure to prevent it, cannot prove their intention of commission of offence under Section 494 IPC.
The court found the appellate court’s reasoning justified and upheld the acquittal of relatives by dismissing the revision cases.
The petitioner has been identified as Chintherla Padmavathi, wife of Saibaba, hailing from Gurramkonda village in Annamayya district. The respondents are Chintherla Subbarayudu and others.
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