HIRABEN Vs. THE STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) Heard respective Counsel. Rule. Rule made returnable forthwith with the consent of the parties.

(2.) The petitioner herein happens to be original informant in Crime No. 196 of 2007 registered at Shahada Police Station. The complainant had approached Shahada Police Station on 22.12.2007 and lodged a report at the police station that she has married to the present respondent No. 2 in the year 1983. The couple is blessed with two daughters and a son. She was residing with her husband in the matrimonial home. She was being harassed and ill-treated by the members of her matrimonial family on account of not being honoured properly at the time of marriage. According to her, her husband developed intimacy with her maternal cousin. They intended to get married. They were coercing her to give divorce in order to facilitate the second marriage of her husband with Anita, who happens to be her maternal cousin. She had denied to give consent. According to her the parents of Anita as well as Anita herself were coercing her to give consent for second marriage and on that count she was being mentally harassed and physically abused by Anita and her parents. It is alleged in the First Information Report that on 25.11.2007 her husband got married to Anita in Ganpati Mandir at Shahada. She has alleged that relatives of her husband were present at the time of marriage. She was driven out of her matrimonial house.

(3.) On the basis of her report filed under section 154 of Cr.P.C., Crime No. 196 of 2007 was registered against the accused. The investigation was completed and charge-sheet was filed on 08.02.2008. The accused were charge-sheeted for the offences punishable under sections 498-A, 323, 504, 506 r/w 34 of the Indian Penal Code.