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The Sessions Judge of Kistna Vs. Gudru Subbamma - Court Judgment

LegalCrystal Citation
SubjectCriminal;Family
CourtChennai
Decided On
Judge
Reported in14Ind.Cas.204
AppellantThe Sessions Judge of Kistna
RespondentGudru Subbamma
Excerpt:
penal code (act xlv of 1860), section 494 - criminal procedure code (act v of 1898), section 198--bigamy by minor wife--complaint--'person aggrieved.' - order1. we agree with the sessions judge that in this case, where the girl who is said to have committed bigamy has a husband, who is of age, and a father, he and not the father of the girl is the person aggrieved within the meaning of section 198, criminal procedure code, and, as such, entitled to institute a complaint under section 494, indian penal code, against the girl's mother,2. we, accordingly, quash the commitment.
Judgment:
ORDER

1. We agree with the Sessions Judge that in this case, where the girl who is said to have committed bigamy has a husband, who is of age, and a father, he and not the father of the girl is the person aggrieved within the meaning of Section 198, Criminal Procedure Code, and, as such, entitled to institute a complaint under Section 494, Indian Penal Code, against the girl's mother,

2. We, accordingly, quash the commitment.


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