Anil Kumar Sharma v. The State of Bihar
Case brief
What is this about?
Anil Kumar Sharma v. The State of Bihar and Sarita Kumari, Patna High Court CRIMINAL MISCELLANEOUS No. 8910 of 2020, decided 12-05-2026 by Justice Ansul (single-judge oral judgment; end-matter shows NAFR). Quashing petition against cognizance order dated 02.05.2018 of SDJM Nawada under Sections 498(A) and 494 IPC and Sections 3/4 D.P. Act, arising from Mahila P.S. Case No. 37 of 2016 (G.R. No. 1911 of 2016), dismissed. Ratio: a wife has no authority to sanction a second marriage; that power vests with the legislature; petitioner's plea of second marriage with first wife's permission rejected. Trial directed to be expedited. Keywords: bigamy; second marriage; consent/permission of first wife; cognizance; quashing; 498A IPC; 494 IPC; D.P. Act; expedite trial.
What did the court decide?
The wife has no authority at all to sanction a second marriage; that power is vested with the legislature. The petitioner's claim that he married Nutan Kumari after taking permission from his first wife therefore cannot stand.