New Delhi. This is the story of a couple from Tamil Nadu, in which the woman got married for the second time while the first marriage was still on and now the new couple will have to face punishment for the crime of bigamy under section 494 of IPC. In this case, the legal twist was such that the wife who was getting alimony has to face imprisonment. On getting married for the second time, the woman lost her alimony and was also sentenced to jail.

Considering bigamy a serious crime, the Supreme Court has sentenced the new couple to six months simple imprisonment and a fine of two thousand rupees each. The Supreme Court has considered the imprisonment till the rising of the court by the High Court as a very less punishment. The Supreme Court said that the offence under Section 494 (bigamy) of IPC is a serious crime. There is a provision of punishment up to seven years in this. In such a situation, sentencing the culprit to imprisonment till the rising of the court is a very less punishment. The Supreme Court said that the punishment should be given in comparison to the crime and considering the impact of the crime on the society.

Husband and wife were ordered to undergo imprisonment alternately 

However, considering the age of the child of the new couple is only six years, the Supreme Court has ordered the husband and wife to serve jail term alternately. According to the order, the husband will surrender first and the wife will serve the sentence after his sentence is completed. This order has been given by the bench of Justice CT Ravikumar and Sanjay Kumar on the petition of the woman's first husband.

The High Court's decision was challenged in the Supreme Court

In this case, the first husband Baba Natarajan Prasad had challenged the Madras High Court's decision in the Supreme Court. The High Court held the new couple guilty of bigamy, but reduced the sentence of one year imprisonment given by the lower court to imprisonment till the rising of the court. However, the High Court increased the amount of fine from two thousand to twenty thousand rupees.

The woman got married for the second time while her first marriage was still going on

The Supreme Court said in its judgment that it is clear from the evidence that the woman got married for the second time while her first marriage was still on and also gave birth to a child. Looking at the circumstances, it can be said that the High Court has shown unnecessary leniency. However, the bench said that at the time of the lower court's decision, the child was less than two years old. There is no provision for minimum punishment in section 494 of IPC and the maximum punishment is seven years imprisonment. The lower court had sentenced each of them to one year of imprisonment while maintaining a balance.

The woman's child is only six years old 

The Supreme Court said that now the child is six years old. In such a situation, it is sentencing both of them to six months imprisonment and a fine of two thousand rupees each. According to the case, the divorce petition of the first husband was pending in the Coimbatore family court and on the court's order, the woman was also getting an interim alimony of five thousand rupees per month. But before the divorce, the woman got married for the second time. The first husband approached the court for marrying for the second time without breaking the marriage. The mother-in-law, father-in-law and the second husband were also made accused in the case.

Wife took alimony till 13th July 2017

The evidence revealed that the wife took alimony till 13 July 2017. She had a child from the new marriage in November 2017. After this, on 22 January 2019, the wife also filed an application for divorce from the first husband. The trial court held the new couple guilty and sentenced them and acquitted the mother-in-law and father-in-law. Both parties appealed against this in the sessions court. The sessions court accepted the couple's appeal and acquitted them. The first husband approached the Madras High Court against the order. The Madras High Court held the new couple guilty of bigamy and sentenced both of them to imprisonment till the rising of the court. The first husband came to the Supreme Court against this order of the High Court.