Supreme Court of India · 2002-02-23
Gopal Divedi vs Prabha Divedi
- Citation / case number
- AIR2002SC389
- Court
- Supreme Court of India
- Petitioner
- Gopal Divedi
- Respondent
- Prabha Divedi
- Author
- R.P. Sethi
- Bench
- R.P. Sethi
Judgment text excerpt
The Supreme Court held that the appellant could not be convicted under Section 494 IPC for bigamy since the ex parte divorce decree obtained by him was set aside on 31.3.1994, rendering the first marriage subsisting at the time of the second marriage on 25.5.1993. The Court emphasized that the criminal proceedings against the appellant were futile as there was no valid divorce at the time of the second marriage. Consequently, the appeal was allowed, and the proceedings were quashed, leaving open the possibility for the first wife to file other complaints if warranted.