Recently , the Bombay High Court dismissed a petition to quash an FIR against a man who married again during the subsistence of his first marriage. The Bombay high court said not only does it amount to bigamy, his conduct also attracts the offence of rape.

Justices Nitin Sambre and Rajesh Patil dismissed on August 24 a petition by the man who was booked by the Pune police under IPC sections 376 (rape) and 494 (bigamy).
The FIR said the man started visiting the woman, both academicians, after her husband died in February 2006 to offer moral support. The man said he did not get along with his wife, and subsequently made her believe he had divorced his wife. Then they married in June 2014 and stayed together till January 31, 2016. He then abandoned her and went back to his first wife. Upon enquiries, the woman realised he had lied about his divorce and under false promise, he married her and established a physical relationship.

The man’s advocate said the woman was aware that divorce proceedings initiated against his wife in 2010 were immediately withdrawn.

The judges noted that on one hand, the man was admitting to a second marriage when his first marriage was subsisting and on the other, he claimed their relationship was consensual.

Moreover, establishment of physical relationship with the complainant when his first marriage was subsisting could be said to have satisfied the ingredients of section 376 (rape), the judges concluded.
Thus, the court dismissed the petition of the man.