J.C.SHAH
Bai Nirmalabai Revadas – Appellant
Versus
Revadas Bhikhabhai – Respondent
1. The complainant Nirmalabai filed a complaint --being Case No. 12/S/53-- in the Court of the Presidency Magistrate, 17th Court, Mazagaon, Bombay, against Her husband Rewadas Bhikabhai for an offence under Section 5, Bombay Prevention of Hindu Bigamous Marriages Act, No. 25 of 1946. It was the case of the complainant that even though the respondent was married to her, he contracted a bigamous marriage on 19th January 1953, at Broach with one Champabai and thereby committed an offence under Section 5, Bombay Prevention of Hindu Bigamous Marriages Act, 25 of 1946.
The learned Magistrate was of the view that the offence having been committed within the territorial limits of the Magistrate, First Class, Broach, he had no jurisdiction to try the case. The learned Magistrate, therefore, dismissed the complaint. The complainant has come to this Court in revision.
2. On behalf of the complainant reliance was placed upon Section 8 of the Bombay Act 25 of 1946 in support of the contention that even though the offence alleged by the complainant to have been committed by the respondent was committed in the town of Broach, the Presidency Magistrate in the City of Bombay had te
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