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november 2009

Supreme Court of India · 2009-11-13

PASHAURA SINGH vs STATE OF PUNJAB

Citation / case number
SC 2006/23760
Court
Supreme Court of India
Petitioner
PASHAURA SINGH
Respondent
STATE OF PUNJAB

Judgment text excerpt

The Supreme Court held that the High Court erred in dismissing Pashaura Singh's petition under Section 482 CrPC, as it incorrectly stated that his first marriage to Kamaljeet Kaur was not dissolved at the time of his second marriage on January 2, 2002. The Court clarified that the divorce was effective from February 8, 2001, supported by a valid divorce certificate from the Supreme Court of British Columbia. Consequently, the Court quashed the FIR under Sections 498A, 494, and 506 IPC against Pashaura Singh, establishing that the ingredients for bigamy under Section 494 IPC were not met due to the dissolution of the first marriage.

PASHAURA SINGH vs STATE OF PUNJAB · Niyam