JAYARAM Vs. VIJAYAMMA

JUDGEMENT

(1.) The accused in C.C. No. 89 of 1994 of the Chief Judicial Magistrate Court, Alappuzha is aggrieved that based on a private complaint filed by the first respondent herein charge under S.496 of the IPC has been framed against him.

(2.) In the complaint filed before the Trial Court on 31.10.1990, the first respondent, who is a Professor in English in the S. N. College, Cherthala, alleged that during the pendency of her marriage with one P.R.R. Babu who was her colleague in the same college, the present petitioner made advances to her which ultimately resulted in the performance of a customary marriage on 17.9.1975 at the residence of one Sadanandan, who was a close friend and relative of the petitioner; that the accused was fully aware of the fact that the said marriage was not a legal one in so far as both parties thereto had been legally married earlier and that though the petitioner and the first respondent lived together as husband and wife until 1988, the first respondent has abandoned her thereafter.

(3.) Shri. T. R. Raman Pillai, who appeared for the revision petitioner, submitted that even accepting the averments in the complaint as correct, there is no scope for framing charge against the revision petitioner in so far as the ingredients of S.496 of the IPC have neither been pleaded nor spoken to before the Trial Court. According to him, the circumstances of the case as revealed in the petition itself would disclose that there was no possibility of the alleged statements of the revision petitioner being believed by the complainant and as such there was no dishonest or fraudulent intention on the part of the revision petitioner, which led to the ceremony of being married.