Chainani, J.

[1] This is an application in revision against the order passed by the Presidency magistrate, Bandra, acquitting the respondent.

[2] The applicant is the wife, of the respondent. She married the respondent in Sind in 1941. After the partition of India the respondent and the applicant came to bombay. They lived together at Mahim for three years. Disputes then started between them. Since some time in 1951 they have been living separately. On 8-61952, the respondent contracted a second marriage at Gwalior. The applicant learnt about this in August 1932 and reported the matter to the police. The police investigated the matter and then sent up a charge-sheet against the respondent under Section 5, Bombay Prevention of Hindu Bigamous Marriages Act, 1946. I will refer to this Act hereafter, as ''the Act". Section 5 read with Section 4 (b) makes it on offence for a person domiciled in the Province of Bombay to contract a marriage during the life time of his spouse, outside the Province. The respondent denied that he had contracted a second marriage at Gwalior. He also denied that he had a domicile in Bombay. He also contended that the trying Magistrate had no jurisdicti