In a stern verdict reinforcing the sanctity of judicial process, the Punjab and Haryana High Court has sentenced a man to three months of rigorous imprisonment for entering into a second marriage while his first wife's appeal against a divorce decree was still pending before the court. The ruling underscores that such an act constitutes a blatant and brazen breach of law.
A Marriage in Defiance of Court Proceedings
The case revolved around a man who had obtained a divorce decree from a family court in Chandigarh in January 2018. However, his first wife promptly challenged this decree by filing an appeal in the high court. While this appeal was still sub judice — meaning under judicial consideration and not yet decided — the man chose to solemnize a second marriage in February 2019.
This act led the first wife to file a criminal complaint against him under Section 494 of the Indian Penal Code (IPC), which deals with the offence of marrying again during the lifetime of a husband or wife. The man was subsequently convicted by a trial court, a decision he then appealed in the high court.
High Court's Firm Stand on Legal Sanctity
Justice Vikas Bahl, presiding over the matter, delivered a resounding judgment dismissing the man's appeal. The court firmly rejected the argument that the man believed his first marriage was legally dissolved due to the initial divorce decree. The judge highlighted a crucial legal principle: the divorce decree was not final as it was under challenge.
The court observed that the act of remarrying during the pendency of the appeal showed a "brazen disregard" for the law. Justice Bahl noted that the man's conduct demonstrated he had taken the law into his own hands, undermining the judicial process. The verdict stated that such actions cannot be tolerated as they make a mockery of the legal system.
Sentence Upheld with a Cost
The high court upheld the three-month rigorous imprisonment sentence handed down by the trial court. Additionally, it imposed a cost of Rs 1 lakh on the convicted man. This monetary penalty is directed to be paid to his first wife, serving as a form of compensation for the legal ordeal.
The court also granted the convict the statutory benefit of Section 428 of the Code of Criminal Procedure (CrPC). This provision allows the period of detention he may have already undergone during the investigation or trial to be set off against the total sentence of imprisonment.
Broader Implications of the Judgment
This ruling sends a powerful message about the legal status of court orders under appeal. It clarifies that a decree is not considered absolute and final if an appeal has been validly filed against it. The institution of a second marriage in such an interim period is therefore illegal and punishable.
The judgment reinforces the protections against bigamy under Indian law, especially in scenarios where marital disputes are actively being adjudicated by the courts. It serves as a cautionary precedent, emphasizing that individuals must wait for the complete resolution of legal challenges, including appeals, before assuming a decree is fully operative and acting upon it.
By combining a custodial sentence with a substantial cost, the Punjab and Haryana High Court has underscored the seriousness with which the judiciary views attempts to circumvent or pre-empt its processes.
