Case Name: Dr. Surajmani Stella Kujur v. Durga Charan Hansdah and Anr.
Citation: AIR 2001 SC 938
Bench: K.T. Thomas, R.P. Sethi
Case Type: Special Leave Petition (SLP)
Petitioner: Dr. Surajmani Stella Kujur
Respondent: Durga Charan Hansdah and Anr.
Court: Supreme Court of India
Date of Judgement: 14th February 2001
Facts of the Case:
(1) A married couple, the husband and wife both belong to a tribal community.
(2) Husband (respondent) got second married during the lifetime of his first marriage with durga charan. They both are followers of Hindu religion.
(3) The wife filed a complaint before the court against her husband for the offence of bigamy, and pleaded that he should be liable for Section 494 of the IPC.
(4) Section 2 of the Hindu Marriage Act, 1955 which talks about the application of this act.
Issues:
1. Who is a ‘Hindu’?
2. Whether the respondent liable for section 494 or not?
2. Whether a custom is capable to wiped out the liability of the person?
Judgement:
First of all, the Court cleared the question of ‘Who is a Hindu?’. Under section 2 of the Hindu Marriage Act, 1955 defined who is Hindu. This section said that the Virashaiva, Lingayat, followers of Brahmo, Prarthana and Arya samaj along with the followers of Buddhism, Jainism and Sikh are considered as Hindu.
Apart from this, who do not qualify as a ‘Hindu’? This answer also given in this section which says Parsis, Muslims, Christians and Jews are not said to be Hindu by religion within the territory of India.
The appellant had failed to produce enough evidences to prove that the second marriage of the respondent is void. She does not provide any existence of a custom, reasonable and abides by the rule of law which make the second marriage unconstitutional.
Hence, the Court declared that there is a no offence under Section 494 of the IPC. The husband will not be charged under the offence of bigamy. However, the Court stated that the appellant is entitled for getting maintenance from her husband (respondent).
My Own View:
It becomes a usual practice in this time to cheat thier spouse. Many men and women have been observed to cheat on their spouses when they are married.
According to the hindu relegion, marriage is an unbreakable tie between two people. It is a secrament and important practice in order to procreation of childrens.
Indian culture is rich in Vedas, Puranas, and Scriptures, so everyone of us are reliable and modern with our own way. People need to realize that spirituality is only able to be manifested via modernism, hard labor, and liberal philosophy.
Dating Apps:
There are many apps avialable in market for extramarital affairs which has seen exponential growth. The practice of polygamy must end right away in order to prevent the next generation from being led in the wrong directions and from destroying morals and social order.
Conclusion
This is a landmark judgment under Hindu Marriage Act, 1955 which highlighted the issue related to bigamy. Respondent committed bigamy, since the lifetime of his first marriage. The wife was failed to produce enough evidences to make the respondent guilty of bigamy.
In the result, The appeal was dismissed by the court due to lack of evidences against respondent. That is why, it is important to give proper evidences in order to make the person liable under any offence.
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