CHELLAMMAL Vs. ANGAMUTHU

JUDGEMENT

(1.) THE appellant was the complainant in C. C. No. 236/73 on the file of the Additional First Class Magistrate II, Madurai. The appellant, Chellammal, has preferred this appeal challenging the legality and propriety of the judgment of the learned trial Magistrate acquitting A. I of the offences punishable Under Section 494, I. P. C, read with Section 17 of the Hindu Marriage Act and A. 2 to A. 9 Under Section 494. IPC read with Section 109, IPC and Section 17 of the Hindu Marriage Act.

(2.) IT may be noted here that at the time when this appeal was admitted, it was admitted only as against respondents 1 and 2 and the appeal was dismissed as against the rest.

(3.) THE facts which led to this criminal appeal, in brief, are as follows The appellant instituted this criminal complaint against the respondents on the allegation that she is the legally wedded wife of the first respondent (Angamuthu) their marriage having been performed as per Hindu rites and custom about 8 years ago, i. e. on 97-1965 at Kallorani village, and that the said marriage is still subsisting. According to her, they belong to the Vellala Community and they do not have the customary right of dissolution of marriage. Out of the wedlock, a girl was born to the appellant through the first respondent and the girl was aged about 2 years on the date of presentation of the complaint.