Andhra Pradesh High Court - Amravati
Abha Khanwalkar. vs The State Of Andhra Pradesh on 22 March, 2022
HIGH COURT OF ANDHRA PRADESH
MAIN CASE No: Crl.P.No.7286 of 2021
PROCEEDINGS SHEET
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No. DATE ORDER
DR,J
02. 22.3.2022
I.A.No.01 of 2021
Dispensed with for the present.
Crl.P.No.7286 of 2021
Petitioners are permitted to take out
personal notice on R2 through RPAD and file proof
of service.
I.A.No.02 of 2021
Petitioners are A1 to A4. Basing on the
complaint dated 28.8.2019, respondent-police had
investigated and filed charge sheet and the same
is numbered as C.C.No.455/2019 on the file of the
XVI Additional Metropolitan Magistrate,
Bheemunipatnam, Visakhapatnam District.
Learned counsel Mr. Nipun Saxena appearing on
behalf of the petitioners had contended that the
marriage itself is not valid. Because the defacto
complainant has got divorce on 25.7.2018 by the
order of the civil court Senior Level Panvel in Hindu
Marriage Petition No.291/2017 which reads as
follows:
...Petition is allowed. The marriage of
petitioner No.1 and 2 is declared dissolved with
effect from today's date. Decree should be made
as per above."
Even according to the complaint dated
28.8.2019 clearly shows that the defacto
complainant got marriage the 4th petitioner on
28.4.2018 in Gwalior, Madhya Pradesh. So in view
of the same, even before the date of granting
divorce, she married the 4th petitioner. Hence
marriage itself is not in accordance with the
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provisions of the Act.
Further learned counsel has submitted that
the 4th petitioner has filed petition for dissolution
of marriage before the Chief Justice Family Court
Shivpuri Madhya Pradesh and the same is
numbered as S.H.M.No.34/2019 and the same
petition was allowed with the following observation
...Resultantly the present suit is accepted and the
decree is passed as follows:
a. That the suit as filed on behalf of the plaintiff
Anirudh Khanwalkar for declaring the
marriage solemnized with the defendant
dated 28.4.2018 as void u/s 11 r/w section 5
of Sub-Section(i) of Hindu Marriage Act and
for the declaration of dissolving the marriage
u/s 12-1(c) of Hindu Marriage Act on the
basis of the consent of the marriage obtained
fraudulently by hiding the important facts, is
allowed and the marriage solemnized
between the parties on dated 28.4.2018 is
declared void from the judgment passed
today and from the decree dated 13.9.2019
passed in compliance of it.
b. That the plaintiff Anirudh is directed that by
providing a copy of the judgment to the
defendant Sharmiladas by registered post or
personally, submit its service/information in
the Court.
c. That the plaintiff himself will bear the cost of
the suit. The fees of his advocate, whichever
is less as per the list or out of two thousand
rupees, should also be mentioned as per rule
523 of Civil Rules and orders.
In view of the declaration made by the
competent civil court saying that the marriage
between the complainant herein and the 4th
petitioner is void, there shall be stay of all further
proceedings in Cr.No.455/2019 on the file of the
P.M.Palem police station, Visakhapatnam.
Post after four (04) weeks.
________
DR, J
RD
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