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november 2009

Supreme Court of India · 2009-11-13

Pashaura Singh vs State Of Punjab & Anr

Citation / case number
AIR 2010 SUPREME COURT 922
Court
Supreme Court of India
Petitioner
Pashaura Singh
Respondent
State Of Punjab & Anr
Bench
R. M. Lodha, Tarun Chatterjee

Judgment text excerpt

The Supreme Court held that the High Court erred in dismissing Pashaura Singh's petition under Section 482 CrPC, as his marriage to Kamaljeet Kaur was legally dissolved on February 8, 2001, prior to his second marriage on January 2, 2002. The Court clarified that for a charge under Section 494 IPC to stand, the first marriage must be subsisting, which was not the case here. Consequently, the Court quashed the FIR against Pashaura Singh, establishing that the legal dissolution of marriage precludes the application of Section 494 IPC.

Pashaura Singh vs State Of Punjab & Anr · Niyam