E. VEDAVANAM Vs. SARAVANAN BALAGURUSWAMY

JUDGEMENT

(1.) The complainant is the revision petitioner herein. This criminal revision is filed against the order of the lower court, thereby the private complaint filed by the complainant was dismissed under section 203 Cr.P.C. for want of prima facie case. Few facts, which are relevant for consideration herein are as follows:

(2.) The complaint was filed along with the following documents (i) marriage invitation (ii) marriage photo and (iii) marriage certificate of the complainant's daughter and the first respondent herein (iv) divorce petition filed before the foreign court (v) order of divorce issued by the foreign court (vi) petition filed by Dr. Pinki in O.P. 140/2011 (vii) counter filed by the first respondent herein in O.P. 140/2011 (viii) judgment Y. Narasimha Rao v. Y. Venkatalakshmi,1991 2 Crimes 855 and (ix) Communication from the Ministry of Home Affairs regarding sanction for prosecuting the case against the respondents 1 to 3 herein. After receipt of the complaint, the concerned Judicial Magistrate Court recorded the sworn statement of the complainant/E. Vedavanam and his daughter Dr. Pinki as listed in the complaint and received the documents as mentioned in the list appended to the complaint.

(3.) The trial court, after perusing the complaint, sworn statements of the complainant and his witness and documents, arrived at the conclusion that the alleged offence of bigamy was taken place at UK and the subsistence of the first marriage was in question and there was a decree of dissolution of marriage by a Court at UK and there was a presumption as to validity of foreign judgment and competency of the court to grant the same under Sections 13 and 14 CPC and under sections 82 and 86 of Evidence Act and that, unless a Civil Court of competent jurisdiction declares the invalid nature of the divorce proceeding of UK Court, there can be no offence of bigamy stated to have been taken place and dismissed the complaint under Section 203 Cr.P.C. for want of prima facie case. Aggrieved against the same, the present revision came to be filed by the complainant before this Court.