C M DHASS Vs. TMT S SUNDARA BAI

JUDGEMENT

(1.) THE instant Crl.O.P. is to call for the records in C.C.No.399 of 1998 on the file of the Judicial Magistrate, Padmanabhapuram and quash the same.

(2.) THIS Crl.O.P. has arisen in this way: The petitioner herein is the husband. The respondent herein is the wife. The petitioner married the respondent on 26.1.1976 at Karavilai L.M.S. Church, Nattalam according to the Christian rites At the time of the marriage, the petitioner was working as M.T. driver in Air Force at Nagpur. After marriage, he took the respondent to Nagpur. They were living there for some time. Later, in the lawful wedlock, a male child was born to the respondent on 7.5.1977. There afterwards, difference of opinion arose between the spouses, the respondent returned to her parent's house. Nearly, for fifteen years, the couple were living separately. The respondent herein instituted proceedings under Sec.494, I.P.C. against the petitioner and one Mallika alleging that on 3.2.1996, she received notice in D.O.P.No.48 of 1996 instituted by the petitioner herein seeking divorce from the respondent herein. When she went to Coimbatore, she came to know that the petitioner herein had married the second accused Mallika on 25.10.1978 at Vazavatcha Kashtam village according to the Hindu rites; she came to know that all the ceremonies including Sapthapathi were performed at the time of second marriage. Her case is that the husband has taken a second wife, when his marriage with the respondent herein is still existing.

(3.) THE learned counsel for the petitioner submits that even the facts in the complaint are taken to be true, they be themselves would go to show that there had been no valid second marriage. THE learned counsel for the petitioner cited a few authorities to stress his point.