Bhaurao Shankar Lokhande

v.
State of Maharashtra
1965 SCR (2) 837

By:Sarthak kapoor (19213229)

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Facts:
• Bhaurao Lokhande the appellant No. 1 was
married to Indubai in 1956. He later married
Kamlabai in February 1962, during the lifetime
of Indubai. As a result of Indubai’s complaint,
Bhaurao was tried under s.494 of the IPC while
the rest were tried under the same section read
along with s.112.

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Issue:
• Whether or not marriage of a husband, during
the lifetime of his first wife, can be deemed a
valid marriage and does it make husband liable
under section 494 of the Indian Penal Code?

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Argument:
• According to Mullas Hindu Law, the two essentials of a marriage under
Hindu law are (i) invocation before the sacred fire and (ii) saptapadi. Four
witness statements were recorded, each of whom spoke about the past and
present state of certain customs involved in the Gandharva form of
marriage. Certain customs which were followed about 5-7 years ago were
no longer considered of high importance and so were not performed at all
weddings. However, the fact that the customs had been done away with,
does not mean they are no longer necessary. Section 3(a) of the Hindu
Marriage Act defines a ‘custom’ as a rule which having been continuously
observed for a long time, has obtained the force of law among Hindus in
any local are, tribe, community or family.
• Hence, until it can be proved that both the essential customs were
performed, the marriage cannot be said to be solemnized and thus s.17 of
the Hindu Marriage Act cannot be applied to the current scenario. Hence the
marriage cannot have been said to be valid and Bhaurao cannot be held
liable under section 494 of the IPC.

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Held:
• The Supreme Court held that unless the marriage
took place by performing certain ceremonies as
per the requirement of the law, that marriage
cannot be said to be ‘solemnized’ within the
meaning of Section 17 of Hindu Marriage Act,
1955. The Court allowed the appeal and set
aside the conviction of appellant no. 1 under
Section 494, IPC and of appellant no. 2 under
Sections 494ṣ r/w Section 114 of IPC.

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