⚖️ LEGAL LEARNING
Shri Ganpati Jurists – Law Office
📚 Case: Deep Dey v. State of West Bengal (Calcutta High Court)
🔎 Key Issue:
Whether a marriage executed only on stamp paper (contractual marriage) can create criminal liability under Section 494 IPC (Bigamy) or Section 498A IPC (Cruelty).
🧾 Legal Principle
A contractual marriage executed merely on stamp paper has no legal recognition under Hindu Law.
For a valid Hindu marriage, essential ceremonies must be performed as required under the Hindu Marriage Act, 1955.
⚖️ Court’s Findings
✔ A marriage written on stamp paper does not constitute a valid marriage under Hindu law.
✔ For prosecution under Section 494 IPC (Bigamy), the first marriage must be strictly proved to be validly solemnized.
✔ If the alleged marriage itself does not legally exist, the person cannot be treated as “husband” for Section 498A IPC.
✔ Criminal proceedings based on such legally invalid marriage are liable to be quashed under Section 482 CrPC.
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