In a significant ruling, the Delhi High Court, presided over by Justice Swarana Kanta Sharma, clarified that the absence of a law criminalizing adultery does not provide a free pass to engage in bigamy. This statement comes in the context of a legal landscape where adultery is no longer a criminal offense in India.
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Justice Sharma emphasized that the decriminalization of adultery should not be misconstrued as a license for individuals to marry others secretly while their first marriage is still valid. The court highlighted that arguments suggesting the first partner must prove the solemnization of the second marriage, complete with essential rites and ceremonies, are not tenable.
The court’s observation came in response to cases where the inability of a spouse to prove the performance of ‘saptapadi’ (the seven steps, a key ritual in Hindu marriages) in the second marriage of their husband or wife is used to evade legal consequences at the summoning stage in a bigamy case. Justice Sharma pointed out,
“Thus, this Court takes cognizance of the fact that the inability of one partner to prove performance of saptapadi by the other partner while marrying for the second time during the subsistence of the first marriage, at the stage of summoning itself, especially when the other partner may have solemnized such marriage with the third person in secrecy, should not be exploited as a clever tactic to circumvent the legal consequences of committing the offense of bigamy. While legal proceedings do involve strategic elements, such smart maneuvers should not be allowed to compromise the principles of fairness and justice.”
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This ruling is a crucial reminder that the decriminalization of adultery does not equate to a relaxation of the legal obligations and moral responsibilities inherent in the institution of marriage. The Delhi High Court’s stance reinforces the notion that legal loopholes should not be used to undermine the sanctity of marriage or to escape the legal ramifications of bigamy. This decision is a significant step in ensuring that the principles of fairness and justice are upheld in the context of marital relationships, even in the absence of specific laws against adultery.
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