GOGIREDDY SAMBIREDDY Vs. GOGIREDDY JAYAMMA

JUDGEMENT

(1.) This is a petition filed under section 561-A, Criminal Procedure Code, to quash the proceedings in C.C. No. 221 of 1969 on the file of the Additional District Munsif, Magistrate, Bapatla.

(2.) The case was taken on file under section 494, Indian Penal Code; on a private complaint filed by one Gogireddi Jayamma against her husband (A-1) and 8 others alleging that A-1 who is her husband having married her according to Hindu rites 7 years back, drove her away when she and her mother questioned him about the sale of certain properties, married a second Wife on 6th September, 1969, at the house of A-6 and A-7 and that accused Nos. 2, 3, 4 and 6 to 9 had taken active part in bringing about the marriage that thereby they committed an offence under section 494 read with 108, Indian Penal Code.

(3.) The petition now filed is to quash the proceedings before the Magistrate on the ground that section 464, Indian Penal Code, read with sections 11, 5 (1) and 17 of the Hindu Marriage Act of 1955, makes a Hindu guilty of the offence of bigamy under section 491, Indian Penal Code, that this law is clearly based upon the distinction of religion only and is therefore, contrary to Article 15 of the Constitution since a person professing Islam is allowed to marry more than one wife, that there are two standards applicable to an Indian citizen depending on his religion even in the administration of criminal law and such law is ultra vires and unconstitutional under Article 15 (1) read with 13 (1) of the Constitution that the petitioner is not guilty of violation of any law validly made and the proceedings are liable to be quashed.