X vs. Y, 2026
The complainant-wife alleged her husband had multiple illicit relationships, including with an alleged second wife.
Judgement Details
Court
Karnataka High Court
Date of Decision
15 March 2026
Judges
Justice R. Nataraj
Citation
Acts / Provisions
Section 13(1)(ia), Hindu Marriage Act, 1955
Section 25, Hindu Marriage Act, 1955
Facts of the Case
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The complainant-wife alleged her husband had multiple illicit relationships, including with an alleged second wife.
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She also accused her own children of being silent spectators to the relationship.
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Trial court at Mysuru took cognisance of offences under Section 494 IPC r/w Section 34 IPC.
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Petitioners challenged the order in the Karnataka High Court.
Issues
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Whether living in an illicit relationship amounts to marriage under Section 494 IPC?
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Whether other family members (children or alleged second wife) can be prosecuted under Section 494 IPC or Section 109 IPC?
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Whether trial court’s order taking cognisance of the complaint was legally sound?
Held
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Criminal proceedings quashed against the husband, alleged second wife, and children.
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Complaint failed to plead or prove actual marriage between the husband and the alleged second wife.
Analysis
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Reinforces the legal principle that Section 494 IPC applies only to formal marriage during subsistence of existing marriage.
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Living in a relationship or cohabitation does not amount to a legal marriage.
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Family members and third parties cannot be held liable under abetment provisions for the spouse’s alleged bigamy.
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Clarifies the limits of Section 109 IPC in relation to Section 494 IPC offences.