RAMESH AND ORS. Vs. REKHA

JUDGEMENT

(1.) This is the case wherein respondent herein, who is the wife of petitioner No.1 herein filed the private complaint under Section 200, Cr.P.C before JMFC-III Belagavi alleging that she is the wife of petitioner No.1 herein and her marriage with petitioner No.1 was performed on 02.05.1999 at Annigeri Village in Gadag District. After the marriage, she led the marital life with accused No.1. In the said wedlock, a female child by name Neha was born. It is further pleaded that immediately after the marriage, the relationship between the complainant and accused No.1 was not cordial since from the time of their marriage. It is further alleged that accused No.1, his parents and sister were harassing the complainant on one or the other pretext physically and mentally.

(2.) The further allegation made that respondent herein filed a petition under Section 125 of Cr.P.C claiming maintenance for herself and her daughter in Cri.Misc.No.82/2003 and the maintenance amount was granted. The further allegation that accused No.1 filed the divorce petition in M.C.No.130/2008 and the said matter is pending before the Senior Civil Judge Court at Dharwad sitting at Navalgund and there is no severance of status between complainant and accused No.1 as husband and wife.

(3.) It is the further allegation that accused No.1 married accused No.2 as his 2nd wife during the subsistence of the first marriage. The other accused persons i.e., accused Nos.3 to 7 have participated in the said marriage and hence, they have also instigated the bigamous marriage of accused No.1 with accused No.2. Therefore, the accused persons have committed the offence under Sections 494 and 107 of IPC, the trial Court took cognizance of the offence and then issued the process to the accused persons.