STATE OF GUJARAT Vs. AMJIBHAI HIRABHAI

JUDGEMENT

(1.) Briefly according to the complainant Maniben Laljibhai (PW-1, Ex. 12), the respondent-Amjibhai Hirabhai is her lawfully married husband. According to her, their marriage was solemnised according to Hindu Rites about 8 years before the present incident, when the respondent illegally contracted second marriage on 31-5-1981 with one Laliben @ Liliben, daughter of Karsandas Kalidas. Further according to the complainant, her five years of marriage life went on quite happily. It was only thereafter as misfortune would have been, the respondent started harassing her and ultimately drew her away in pregnant condition, as a result of which, she was made to reside at her father's house at village Tuwa, where she delivered a dead baby. Ever since the said incident, the complainant was residing at the house of her father and at no time the respondent had ever called her back to the matrimonial home as he wanted to marry another woman.

(2.) According to the complainant, on 31-5-1983, the respondent married another woman, viz. Laliben @ Liliben of village Sanadra and were staying together as husband and wife. According to the complainant, she had neither consented to the said second marriage nor given any divorce to the respondent, and thus by contracting the second marriage, the respondent had committed an offence under Section 494 of IPC. On the basis of these facts, on 5-6-1981, the complainant filed a complaint against the respondent before the learned Chief Judicial Magistrate, Godhra. (Para 2)

(3.) At trial, the defence of the respondent was of total denial and claimed to be tried. In cross-examination of the complainant, it has been suggested to her by the respondent that it was she who had deserted the house of the respondent and that she never intended to restore conjugal rights.(Para 3)