ABDULLA Vs. NOORJAHAN

JUDGEMENT

(1.) The petitioners are accused in CC No. 3 of 1985 on the file of the Chief Judicial Magistrate's Court, Quilon. The above Crl. MC has been tiled praying to call for the records relating to all proceedings in CC No. 3 of 1985 on the file of the CJM Court, Quilon and to quash the same.

(2.) In this application, the petitioners averred that the first petitioner contracted the marriage with the first respondent on 17th October, 1975 according to Islamic law and they were residing together at Azhikode in Cannanore District and while they were so leading the married life two children were born to them out of that wedlock. While so without the permission and consent of the first petitioner the first respondent left the first petitioner's house at the instigation of her brothers and others. Thereafter though the first petitioner requested her to return and reside with him along with the children she refused to do so. In the circumstances, the first petitioner filed a criminal complaint against the first respondent's brothers before the CJM Court, Quilon and at his request, the court issued a search warrant. The first respondent appeared before the Court and submitted that she was not detained by her brothers as alleged in the complaint and she was free. In the light of the submission made by the first respondent, the complaint was dismissed on 6-12-1980. In 1981 the first petitioner sent a registered notice through lawyer requesting the first respondent to come and stay with him along with the children. But in spite of the request she refused to come and stay with him. On account of the persistence of the first respondent not to join and live with him, he was forced to contract a second marriage with the second petitioner on 17 February, 1984, according to Muslim Law.

(3.) In this Crl. MC filed under S.482 Cr. PC the petitioners contended that the complaint will not disclose any offence punishable under S.494 IPC.