Koppisetti Subbharao @ Subramaniam Vs. State of A.P.
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Head Note
The Code of Criminal Procedure, 1973 - Section 482 , Indian Penal Code,1860 - Section 498-A
Quashing of criminal complaint - Husband seeking quashing of complaint filed by wife against him under Section 498A Indian Penal Code on the ground that she was not his legally wedded wife as he was already married and therefore Section 498A was not attracted - Held, Not a fit case for quashing - High Court rightly dismissed the quashing petition on the ground that it involved disputed questions of fact.
The Hindu Marriage Act, 1955 - Section 5
Essentials of a valid marriage - (i) When the fact of celebration is established it will be presumed in the absence of evidence to the contrary that all rites and ceremonies to constitute a valid marriage have been gone through - When there was a marriage in fact, there would be a presumption in favour of there being a marriage in law. (ii) Where a man and woman have been proved to have lived together as husband and wife, the law will presume until contrary be clearly proved that they were living together in consequence of a valid marriage and not in a state of concubinage. (iii) Where a marriage is accepted as valid by relations, friends and others for a long time it cannot be declared as invalid. (iv) Where neither party i.e., husband and wife should have a spouse living at the time of the marriage.
Topic(s)-Essentials of a valid marriage