Court case(1979) 2 SCC 170

Gopal Lal, a Hindu of Rajasthan whose first wife was alive, went through a "nata" marriage, a customary form of remarriage recognised in his community, with another woman. He was convicted of bigamy under s. 494 IPC. He argued that nata was not a marriage in the eye of law, so the second union was not a "marriage" that could be "void by reason of its taking place during the life" of the first wife.

The Supreme Court upheld the conviction. It stated the ingredients of s. 494: (1) the accused had a spouse living; (2) he married again; (3) the second marriage is void by reason of its taking place during the life of the first spouse. A "marriage" for this purpose must be one which would have been valid but for the subsisting first marriage, and it must be solemnised according to the ceremonies required by the law or custom governing the parties. Here the custom of nata marriage was proved, s. 7 of the Hindu Marriage Act allows marriage by customary rites, and the nata ceremony was duly performed; the second marriage was therefore a marriage in law and, the first wife being alive, void under s. 17 of the Act, which made the accused guilty.