RAVI Vs. LAKSHMIBAI

JUDGEMENT

(1.) "Whether the proceedings in P.C.No.30/2012 now pending in C.C.No.3/2014 on the file of Civil Judge and JMFC, Sindagi, against the petitioners are the abuse of the process of Court?" is the question involved in this case.

(2.) The respondent is the wife of the first petitioner. Petitioner Nos.3 and 4 are the parents, petitioner No.5 is the uncle and petitioner Nos.6 to 10 are the siblings of the first petitioner. Petitioner No.2 is the second wife of the first petitioner. Petitioner Nos.11 and 12 are the parents and petitioner Nos.13 to 15 are the siblings of petitioner No.2.

(3.) The marriage of the first petitioner with the respondent was solemnized on 13.11.2005 and out of the said wedlock, they have two children. The respondent filed P.C.No.30/2012 before the JMFC, Sindagi, under Section 200 Cr.P.C., to prosecute the petitioners for the offence punishable under Section 494 r/w Section 149 IPC. It was alleged that about nine months prior to 03.01.2012, petitioner Nos.1 and 3 to 10 subjected her to cruelty, drove her and her children out of the matrimonial home. She further alleged that during the subsistence of her marriage with the first petitioner, petitioner Nos.1 and 2 underwent second marriage on 03.01.2012 at Gollaleshwara Temple in Golageri village of Sindagi Taluk. She alleged that accused Nos.3 to 15 though were aware of the subsistence of marriage of herself and the first accused, performed the marriage of first and second accused.