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1966 Supreme(Guj) 19

N.G.SHELAT
BAI RANI BAVA – Appellant
Versus
JIVA VARSANG – Respondent


Advocates Appeared: DAULAT C.TRIVEDI, H.M.CHOKSHI

N. G. SHELAT, J.

( 1 ) * * * *the point that arises to be considered in this reference is as to whether on the averments made in the complaint whether the Judicial Magistrate First Class at Kodinar had jurisdiction to entertain and try the accused for the offence under sec. 494 of the Indian Penal Code. The parties are Hindus. The marriage of the complainant took place with accused No. 1 in the year 1961 at the village of Madhvad in Kodinar Taluka in accordance with the Hindu religious and customary rites prevailing amongst them. Both of them are then said to have lived together at Madhvad within the jurisdiction of the Kodinar Court for about six months as husband and wife and it is thereafter that she has been deserted by accused No. 1 with the result that he has not been living with her. In the first week of August 1965 the accused No. 1 is said to have contracted the second marriage with the daughter of Sidi Sakkai at Vanakbara in Diu Taluka which is now governed by the Union Government through a Lieutenant Governor. Since the parties were obviously governed by the Hindu Marriage Act 1955 as provided in sec. 11 of the Act any marriage solemnized after the commencement of this Ac






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