JYOTI Vs. JOGINDER PAL

JUDGEMENT

(1.) This is revision against the order of Judicial Magistrate, First Class, Rohtak dated 17.7.1998 whereby Smt. Jyoti (petitioner herein) has prayed that the said order be set aside and the Magistrate, other than the one, who passed that order, be directed to proceed further with the complaint and dispose it of in accordance with law.

(2.) This revision has arisen in the following circumstances :

(3.) Learned Counsel for the revision-petitioner submitted that in this case, the aggrieved person is the "first wife" who is aggrieved of the second marriage of her husband during the subsistence of her marriage with him and, therefore, the offence of Bigamy is punishable by the Court within whose jurisdiction the first wife is residing and as the first wife is residing at Rohtak, Court at Rohtak had the jurisdiction to take cognizance of the complaint. In support of this submission, he drew my attention to Section 182(2), Cr.P.C. which reads as follows :