Criminal Law Case: Idris Miya v. His majesty’s Government of Nepal, NKP (2044), NO.2, DN: 3011
Case: Bigamy
Plaintiff: HMG on behalf of Md. Najibulla Miyan
Defendant: Idris Miyan
Decision Number: 3011
This case is related with Bigamy, Territorial and personal Jurisdiction.
Fact of the case:
Idris Miyan, a married Muslim citizen of Nepal residing in Jhapa, went to India for work, where he married another woman, Bachha Miyani, in accordance with Indian law, and later returned to Nepal. He was then prosecuted on the charge of bigamy.
An FIR was lodged by Md. Najibulla Miyan on 2037/4/23, accusing Bil Mohammad Miyan of impregnating his niece, Bachha Miyani, and taking her to India to marry her to his son, Idris Miyan, who was already married.
Bil Mohammad Miyan denied the accusation, stating that it was actually his son, Idris Miyan, who had impregnated Bachha Miyani and taken her to India to marry her, even though he had already been married for ten years and had a daughter.
Idris Miyan confessed to having impregnated Bachha Miyani, whom he later took to India and married there.
Decisions of the Court:
Jhapa District Court acquitted Idris Miyan of the charge of bigamy.
Mechi Zonal Court, overruling the trial court’s judgment, convicted the defendants on the grounds that Idris Miyan had confessed to entering into a second marriage. Each of the defendants was sentenced to one month of imprisonment and fined Rs. 1,000 as per Section 10.
Upon appeal filed by Idris Miyan, the Eastern Regional Court, Dhankuta, overturned the conviction issued by the Zonal Court, reasoning that there was no legal provision to decide a case concerning a marriage performed under the jurisdiction of an Indian court. Therefore, the case could not be entertained for disposal.
Fact in issue:
Whether territorial jurisdiction is applicable or not in the incident of bigamy that took place abroad?
Supreme Court:
The Supreme Court of Nepal laid down the principle that the existing Nepalese law does not permit any man to marry another woman during the lifetime of the first wife unless it is resolved by divorce, as per sec. 9 of the marriage of Muluki Ain 2020. He should be punished wherever he commits such a crime.
Comments:
In this case, jurisdiction was extended to cover the crime of bigamy, even though the offense was committed outside Nepal. However, the existing Nepalese law does not provide such jurisdiction, as stated in Section 2 of the Chapter on the Preliminary Statement and Section 29 of the Chapter on Court Proceedings of the Muluki Ain.
