ORDER :

Heard learned counsel for the rival parties.

2. The solitary prayer made by the petitioner through the instant writ petition is as under :

"(a) Issue a writ in the nature of Mandamus/Certiorary and thereby grant declaration that the Code of Common Law is the Personal Law of the Indian Christians and has to be recognised as such by the Courts (Civil and Criminal) in India and which would supercede any other law in conflict thereto and other accordingly."

3. The afore-stated prayer is based on the following factual averment :

"It is respectfully submitted that Canon Law is the Personal Law of the Catholics of India and Canon Law has to be applied and enforced by the Criminal Court while deciding a case under Section 494 of the I.P.C. and sanction of prosecution considered for alleged Bigamy of a Catholic spouse who has married after obtaining a decree for nullity of the first marriage from the Ecclesiastical Tribunal."

4. Mr. N.K. Kaul, learned Additional Solicitor General of India, has invited our attention to the fact, that the issue raised by the petitioner for consideration of this Court, has already been adjudicated upon, and settled finally. In this behalf, he has invited our