JAGDISH CHANDRA DIXIT Vs. RABINDRA DIXIT

JUDGEMENT

(1.) In this petition under S.482, Cr.P.C. Jagdish Chandra Dixit, his wife Smt. Shanti and Narendra Deo, brother of Jagdish Chandra have prayed for quashing of a complaint giving rise to Criminal case No.540/1990 in the Court of 4th Additional Chief Judicial Magistrate. Etawah in which the applicants were summoned by an order of the Magistrate dated 21-4-1990 to face trial under S. 494/120/-B/109, I.P.C.

(2.) The days of Ramayan are gone when at the mere asking of the father the son would voluntarily go to exile for 14 years in pursuance of the desires of the step mother. Now has ushered an era when a son is challenging the conduct of the father in contracting a second marriage. The complainant Ravindra Dixit has filed the complaint under the aforesaid sections alleging that his father Jagdish Chandra Dixit, and Chameli Devi his mother. were responsible for bringing him into mortal existence in July 1954. About four-five months after his birth, Jagdish Chandra Dixit contracted a second marriage with Smt. Shanti Devi in which applicant No.3 Narendra deo had participated. These are the facts on the basis of which S. 494,I. P.C. is sought to be attracted and the son is desirous of prosecuting his father, stepmother and uncle.

(3.) The very basis of a prosecution under S.494, I.P.C. is the prohibition of second marriage under the existing personal Law. If there is or was no such prohibition in the personal Law, the applicability of S.494, I.P.C. would simply be ruled out. The Section would be attracted only when one having a husband or wife living marries the other during the lifetime of first husband or wife. Then only he or she must be punished with terms of imprisonment described therein.