V P MADHAVAN VYDIAR Vs. AJITH SIMHUN

JUDGEMENT

(1.) A son is prosecuting his father for bigamy. The father now seeks to invoke High Court's inherent jurisdiction to quash the prosecution on the premise that a son cannot launch such prosecution against his father or mother for the offence of bigamy.

(2.) In the complaint filed by the son he stated that the marriage between his father and mother was solemnised in 1961 and four children including the complainant were born to them and while the marriage was subsisting his father (the present petitioner) has undergone the ceremony of marriage with another woman (Prabhavathy, who is second accused in the complaint) on 6-9-1987 and that the complainant came to know of his father's matrimonial reduplication only recently.

(3.) Petitioner neither admitted nor disputed the nubile recurrence attributed to him. Instead he seems to have chosen a strategy of subterfuge and sought to resist the prosecution, inter alia, by questioning the competence of the complainant to become an aggrieved person for filing the complaint.