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1992 Supreme(SC) 362

M.FATHIMA BEEVI, S.R.PANDIAN
Chanddhawan – Appellant
Versus
Jawaharlal – Respondent


Advocates:
G.L.SANGHI, GOBINDA MUKHOTY, MRIDULA RAY BHARDVAJ, P.P.TRIPATHI

JUDGMENT

FATHIMA BEEVI, J.:- Leave granted.

The appellant, Smt. Chand Dhawan, was married to the first respondent, Jawahar Lal, on 19-9-1972. After three children were born, the spouses started to live separate. The children are left with the father. A spurt of litigation followed thereafter. Proceedings for dissolution of the marriage, custody of the minor children and criminal prosecution are pending between the parties. While so, the appellant instituted a complaint before the Chief Judicial Magistrte, Amritsar, for bigamy alleging that Jawahar Lal married Shashi Arora at Amritsar on 8-2-1989; that the parents of Jawahar Lal and Shashi Arora in conspiracy intentionally abetted the performance of the second marriage with the full knowledge that the first marriage of Jawahar Lal with the appellant, Smt. Chand Dhawan, was subsisting. Jawahar Lal, Shashi Arora, the parents of Jawahar Lal and the parents of Shashi Arora were arrayed as accused. After recording the statement on oath of the complainant and two witnesses, the learned magistrate took cognizance of the complaint for offences under sections 494 and 109, I.P.C., and issued summons to the accused persons. The accused appeared











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