M. JAGANNADHA RAO, J.

( 1 ) THE question of law that arises for consideration in this application under section 482, Crl. P C is : Does a Hindu spouse commit an offence of bigamy under Sec. 494, I P C by cortracting a marriage within the period limited in section 15 of the HINDU MARRIAGE ACT, 1955 1955 for filing an appeal to the High court?

( 2 ) THE 1st petitioner husband married the 1st respondent in 1956. He filed 0 PNo. 61 of 1982 on the file of subordinate Judge s Court, Markapur for dissolution of the marriage alleging that the 1st respondent was guilty of adultery. That Court passed a decree of dissolution on 12-3-1984. It is the case of the complainant (the 1st respondent) in the court below at Tenali, the place where she is now living, that the 1st petitioner married the 2nd petitioner on 6-4-84, abetted by the other petitioners, and an offence under Section 494,i P C is made out inasmuch as the period of limitation provided for an appeal did not expire by the date of re-marriage.

( 3 ) SRI M. Ramaiah the petitioner s counsel contends that even if the allegations in the complaint are accepted as true, no offence is made out under Sec. 494, I P C inasmuch as, in view of the

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