Chagla, C.J

1. This Full Bench was constituted to consider the constitutionality of certain provisions of the Bombay Prevention of Hindu Bigamous Marriages Act, which is Act 25 o£ 1946 and the question arises in the following circumstances. The accused in this case was married in Bombay in 1948. On 16th of May, 1955 he married a second wife at Bikaner. On 5th July 1955 his first wife lodged a complaint with the First Class Judicial Magistrate at Sholapur. The learned Magistrate held that inasmuch as the prosecution was launched after the Act 25 of 1946 was repealed by the Central Act 25 of 1955 which came into force on 18th May 1955, the accused was entitled to an order of acquittal. Against the order of acquittal, the State of Bombay came in appeal in this Court and the matter came before Mr. Justice Shah and Mr. Justice Palnitkar and these learned Judges felt considerable doubt as to whether Radhabai Mohandas v. Bombay State, 57 Bom LR 827 : ((S) AIR 1953 Bom 439)(A), had been correctly decided, and therefore, they referred the question as to the validity of the Act to the extent that it applies to marriages contracted outside the State of Bombay to a Full Bench.

2. Now, tu