BABY Vs. JAYANT MAHADEO JAGTAP

JUDGEMENT

(1.) This is an appeal filed by the original complainant, the first wife, challenging the order of acquittal dated May 28, 1979 passed by the learned Judicial Magistrate, First Class, Baramati acquitting both the respondents for having committed offences punishable under section 494 read with section 109 of the Indian Penal Code in Criminal Case No. 834 of 1976.

(2.) The appeal raises a question of considerable importance affecting a large section of the Indian society, that is, members of the Schedule Castes who have chosen to convert themselves into the Buddhist faith and involves a question of recognition in law or the customary form of marriage different from the form of marriage generally recognised under the Hindu Law.

(3.) Since this appeal involves recognition of a different form of marriage widely followed and recognised amongst the members of the Buddhist community (converted from Schedule Castes), it is necessary to refer to the averments in the complaint of the complainant as to what form of marriage is followed in their community to which parties admittedly belong to. The complainant in her complaint, Exh. 1, filed in the Court of the learned Judicial Magistrate, First Class, Baramati, on July 22, 1976, states as follows :---