Bombay High Court: Second Marriage While First Exists is Rape, Not Just Bigamy

The Bombay High Court recently dismissed a petition seeking to quash an FIR against a man who married another woman while his first marriage was still valid. The court ruled that his actions not only constituted bigamy but also amounted to rape under false pretenses.

Case Details

A bench of Justices Nitin Sambre and Rajesh Patil rejected the man’s plea on August 24. He was charged under Section 376 (rape) and Section 494 (bigamy) of the Indian Penal Code (IPC) by Pune police.

According to the FIR, the accused started visiting the complainant, a fellow academician, after her husband’s death in February 2006. He claimed he was unhappy in his marriage and later convinced her that he had divorced his wife. Believing this, she agreed to marry him in June 2014. The two lived together until January 31, 2016, when he abandoned her and returned to his first wife. The woman later discovered that he had never divorced his first wife and had deceived her into the marriage.

Court’s Observations

The accused’s lawyer argued that the woman knew about his failed divorce proceedings, which were withdrawn in 2010. However, the court noted that:

The accused admitted to marrying the complainant while his first marriage was still legally valid.
At the same time, he argued that their relationship was consensual, which contradicted his actions.
The physical relationship between the accused and the complainant, based on false promises, met the criteria for rape under Section 376 IPC.

Final Verdict

The Bombay High Court dismissed the man’s petition, allowing the legal proceedings against him to continue. The ruling highlights that deceiving someone into marriage and establishing a relationship under false pretenses is a serious offense.

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