Accused

Shaikh

Khan

public

Sanjay Dixit

prosecutor

assistant

In a unique judgment, a Muslim man was sentenced to two years of rigorous imprisonment (RI) for bigamy. The wife, Dr Sana, had filed an application in court and asked that charges of bigamy be added to her complaint of cruelty against her husband Zarar. She had lodged the original complaint at the Market Yard police station in February 2016. She had also accused her in-laws of cruelty.According to the complainant, she befriended Khan in December 2010 through social media. At the time, he was a chef at a five-star hotel in Mumbai On May 25, 2012, the couple married as per Islamic customs and the Special Marriage Act. The complainant has stated that her parents had given 15 tolas of gold ornaments and also some household equipment. However, after marriage, while living with Khan and his family, she claimed that they ill-treated her would abuse started her for petty reasons. Khan would allegedly consume liquor and mistreat her. After four months, Khan quit his job and Shaikh was working as a consultant doctor. When she alluded to the future, he told her to ask her parents for Rs 10 lakh as he wanted to start his own business. When the complainant refused, Khan and family started harassing her mentally and physically, she claimed.Shaikh then filed a complaint under sections 498A, 420, 406, 504 and 506 of the Indian Penal Code (IPC). She also stated in her complaint that on January 1, 2016, Khan married a second time.When the case came up for trial, assistantprosecutorfiled an application, requesting that insert Section 494 (bigamy) of the IPC be added. Dixit told Mirror, “As per Section 44 of the Special Marriage Act, the provisions are binding on every religion. In this case, the couple has performed their marriage as per this Act and also Muslim rites and rituals. But, the Special Marriage Act overrules provisions of Muslim law and therefore bigamy is a crime.”“The prosecution submitted that the accused has admitted that he had performed a second marriage and we have no need to prove the fact. The admission itself is proof enough,” the publicadded.The court had inserted Section 494 of the IPC and removed Section 420. While pronouncing the judgment, Judicial Magistrate First Class, N S Saraf stated that though the couple had married according to Islamic law, Section 44 of the Special Marriage Act does not discriminate according to caste, creed or religion.When the accused requested the court to execute the good behaviour bond, the court stated that the only good behaviour that could be accepted from him was to repent, return to his wife and discontinue his second marriage. As long he was not prepared to do so, there was no question of any probation for good conduct. The court acquitted Khan and his family of all other charges, including 498 A (cruelty). But he was sentenced to two years of RI for the offence of bigamy.█ The prosecution submitted that the accused has admitted that he had performed a second marriage and therefore, we have no need to prove the fact