Supreme Court of India · 2004-09-23
Kunti Devi vs Som Raj And Ors
- Citation / case number
- 2004 AIR SCW 5387
- Court
- Supreme Court of India
- Petitioner
- Kunti Devi
- Respondent
- Som Raj And Ors
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, C.K. Thakker
Judgment text excerpt
The Supreme Court held that the High Court's quashing of proceedings under Section 561-A of the Jammu & Kashmir Code of Criminal Procedure, 1989 was improper, as the complaint filed by the appellant under Section 494 of the Ranbir Penal Code, 1989 was valid. The Court emphasized that the husband’s second marriage during the pendency of the appeal against the divorce decree constituted an offense under Section 494 RPC. The Court reinstated the proceedings, affirming the necessity to uphold the sanctity of marriage and the legal consequences of bigamy.