Jail term for second marriage
Source: The Sangai Express
Imphal, March 03 2011:
It may perhaps not be the first of its kind in Manipur but its novelty stands out prominently.
The Chief Judicial Magistrate, Imphal West, has sentenced a man to six months imprisonment after pronouncing him guilty of entering a second marriage, without divorcing his first wife.
Headed by S Imocha Singh, the Court also slapped a fine of Rs 10,000 on the accused Kh Jaminikanta (39) of Nongmaibung Pung Makhong in Imphal East.
This followed a criminal case filed by Jasmine (name changed), first wife of the accused who is a Government employee.
After holding a trial, the court on Monday established the man guilty of committing the offence of bigamy under section 494 IPC.
According to the Hindu Marriage Act, it is illegal if a man gets married to another woman without divorcing his first wife, said Advocate M Ibotombi Sharma, who appeared on behalf of Jasmine.
On Thursday, the Court, in its sentence hearing, sentenced Jaminikanta to six months imprisonment along with a fine of Rs 10,000, the Advocate added.
Case dossiers case said Jamine married Jaminikanta on March 1, 2002 under Hindu customary law.
On July 27, 2005, he then got a second marriage with another woman through 'Kanya Katpa' form of customary marriage at a house at Singjamei Oinam Thingel in the presence of 40/50 persons and that her father gave 'Dan' in the ceremony with a Brahmin chanting mantras.
" Since the prevailing custom of the Manipuri Hindus recognizes the Keina Katpa form of marriage, the submission of the counsel for the accused person that solemnization of the alleged second marriage was not proved has fallen apart and is not accepted," ruled the court in its Monday verdict.
"In the conclusion, in my considered view, the prosecutrix (complainant) had successfully proved that the accused had entered into a second marriage" with the accused person (woman) on July 27, 2005 during the subsistence of her marriage to the accused person, the Judge said adding " accordingly the accused had committed the offence of bigamy u/s 494 IPC" .