Case – Bhaurao Shankar Lokhande v. State of Maharashtra, 1965
Fact – Bhaurao Shankar Lokhande, Appellant 1, was married to the complainant Indu Bai in about 1956. He married Kamlabai in February 1962, during the lifetime of Indubai.
Appellant 1 was convicted under Section 494 IPC and Appellant 2 for an offence under Section 494 read with Section 114 IPC. Their appeal to the Sessions Judge was dismissed. Their revision to the High Court also failed. They have preferred this appeal by special leave.
Issue – Whether B S Lokhande has committed bigamy just by performing some ceremonies with Kamlabai?
Observation & Judgement:
- The gandharva marriage is the voluntary union of a youth and a damsel, which springs from desire and sensual inclination. It may be noted that the essential marriage ceremonies are as much a requisite part of this form of marriage as any other, unless it is shown that some modification of those ceremonies has been introduced by custom in any particular community or caste.
- Section 7 lays down the conditions for a Hindu marriage which must be fulfilled in case of any marriage between two Hindus which can be solemnised in accordance with the requirements of this Act. The word “solemnise” means, in this connection, to celebrate the marriage with proper ceremonies and in due form. Unless the marriage is celebrated or performed with proper ceremonies and due form, it cannot be said to be “solemnised”.
- A Hindu marriage under the Act must be solemnised in accordance with the customary rites and ceremonies of at least one of the two parties thereto and must fulfil the conditions prescribed for the same by section 5 of the Act. The word “solemnise” means, in this connection, to celebrate the marriage with proper ceremonies and in due form.
- Unless the marriage is celebrated or performed with the proper ceremonies and in due form, it cannot be said to be solemnised. It is, therefore, essential for the purpose of this section that the marriage, to which section 494 of the IPC applies on account of this section, should have been celebrated with proper ceremonies and in due form.
- Merely going through certain ceremonies with the intention that the parties be taken to be married, will not make them ceremonies prescribed by law or approved by any established custom. It has accordingly been held by the Supreme Court in this case that the alleged bigamous marriages were not proved to have been “solemnised”, and order of conviction for the offence of bigamy was set aside.
