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february 2002

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.

Gopal Divedi vs Prabha Divedi · Niyam