P. NANDAKUMAR AND ORS. Vs. LALITHA

JUDGEMENT

(1.) Both the Criminal Original Petitions have been filed by the petitioners to quash the proceedings in C.C.No.127 of 2008 pending on the file of the judicial Magistrate Court, Avinashi.

(2.) The brief facts in a nutshell are that the marriage between the 1st petitioner in Cri. O.P. No.3018 of 2010 namely Nandkumar and the respondent namely Lalitha solemnized on 14.11.1996 and a female child namely Deepikasri was born on 20.8.1997, out of abovesaid wedlock. The respondent/wife left the matrimonial home on 29.6.2000 due to family dispute. The Husband, namely Nandkumar filed a petition for divorce in HMOP No.92 of 2002 on the file of Subordinate court, Tiruppur on 1.8 2002. Subsequently, the above said case was transferred to the I Additional District court, Coimbatore and the case was taken on file as HMOP No.4 of 2008. During the pendancy of the above said proceedings, the respondent wife also filed a petition in HMOP No.59 of 2004 for conjugal rights on 12.4.2004 before the subordinate Court, Tiruppur, which was later transferred to 1 Additional Court, Coimbatore and taken on file as HMOP No.3 of 2008. Both sides admitted that the divorce petition filed by the husband (i.e.,) HMOP No.4 of 2008 was allowed and divorce was granted as prayed for by the first petitioner/husband on 29.11.2008 and the petition filed by the respondent/wife for conjugal rights in HMOP No.3 of 2008, on the file of I Additional District Court, Coimbatore was dismissed as not pressed by her on 3.3.2008. All the above said facts are not in dispute.

(3.) On perusal of the records it is revealed that after disposal of HMOP No.3 of 2008 filed by the respondent/wife for conjugal rights on 3.3.2008 and during the pendency of divorce petition filed by the first petitioner/husband in HMOP No.4 of 2008, respondent/ wife lodged a private complaint on 7.5.2008 under Section 200 Cr.P.C. before Judicial Magistrate, Avinashi wherein, it is stated that the first petitioner in Crl.O.P. No. 3018 of2010 husband (Nandakumar) married second petitioner herein (Renuka) as second wife on 12.3.2008 in front of vinayakar idol situated in Senniyandavar Temple with the help of other petitioners and therefore, prayed for to punish the petitioners under Sections 494 and 120B, IPC.