Bhaurao Shankar Lokhande v. State of Maharashtra, AIR 1965 SC 1564 - CLAT PDF Download

Introduction

This case is significant as it examines how marriage ceremonies under Section 7 of the HMA affect the application of Section 17 of the HMA and Section 494 of the IPC regarding bigamy.

Facts

• Bhaurao Shankar Lokhande married Indubai in 1956 according to religious customs. 
•  In 1962, he married Kamlabai while still married to Indubai. 
•  He was charged and convicted of bigamy under Section 494 of the IPC. 
•  His appeals in lower courts were rejected, leading him to the Supreme Court. 
•  Lokhande argued that his second marriage was invalid as it did not follow the necessary religious rituals under Section 7 of the HMA. 
•  The State argued that the second marriage was valid under community customs, specifically the "Gandharva" marriage. 
•  The State claimed that the validity of the second marriage was not necessary for a conviction under Section 494 IPC. 

Issues

• Was the second marriage of the appellant valid?
• Is the appellant guilty under the charges of Section 494 of IPC?

Observations

• The Supreme Court held that the prosecution failed to prove that the second marriage adhered to the required customs under Section 7 of the HMA.
• The court stated that the marriage between Lokhande and Kamlabai did not fulfill the essential requirements for a valid marriage under Hindu Law.
• Thus, the marriage was not considered a "solemnized marriage" under Section 17 of the HMA.
• As a result, Lokhande's second marriage did not lead to consequences under Section 494 of IPC, despite his first wife being alive.

Conclusion

• The Supreme Court concluded that Lokhande's conviction under Section 494 of the IPC could not be sustained.
• The charge of bigamy was deemed unsubstantiated, leading to the acceptance of Lokhande's appeal.