SIVAKAMI Vs. S. NAGALINGAM

JUDGEMENT

(1.) THIS appeal is against the order of acquittal passed by the learned 11th Metropolitan Magistrate, Chennai, in C.C. No. 2223 of 1985.

(2.) THE Appellant herein filed a private complaint against the Respondents herein under Section 494 Indian Penal Code alleging that the first Respondent/her husband married the second Respondent as his second wife while the first marriage with her is subsisting and therefore, they should be dealt with according to law.

(3.) BEFORE the learned Metropolitan Magistrate, the Appellant examined herself as P.W.1 and two other witnesses. The Petitioner had repeated in her evidence that she is the legally wedded life of the first Respondent and the first Respondent has married the second Respondent on the date mentioned above and one Jagadeesan, her relative, who attended the second marriage, informed her about the second marriage. P.W.2 is Suits Clerk in Tiruttani Devasthanam and he has deposed that for the marriage between the first Respondent and the second Respondent on 18.6.84, Devasthanam collected Rs. 25/ - towards the charges for performing the marriage, for which receipt No. 2132 dated 15.6.84 was issued for payment of the charges and P.W.3, the priest of the temple, had performed the marriage. He also would say that the first Respondent had produced Ex.P.3, Village Administrative Officer's Certificate, stating that, that was the first marriage between himself and the second Respondent and after the marriage Ex.P.2, marriage certificate also was issued. P.W.3, the priest attached to Tiruttani Subramaniaswami Devasthanam has stated in his evidence, on 18.6.84 at 6.30 A.M., he performed the marriage between accused 1 and 2 according to Hindu Law in Tiruttani R.C.C. Marriage Hall.