Prakash S/O Baliram Mendhe vs Sau. Nileshwari Prakash Mendhe
2022 Latest Caselaw 1997 Bom

                                                                                            (1)                                                 36.revn.26.2022

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        NAGPUR BENCH : NAGPUR

                              CRIMINAL REVISION APPLICATION NO.26 OF 2022

                                                         Prakash s/o Baliram Mendhe
                                                                     Vs.
                                                       Sau. Nileshwari Prakash Mendhe
 --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Office Notes, Office Memoranda of Coram,                                                                       Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
             Mr. M. K. Kulkarni, Advocate for applicant.


                                                                             CORAM :                     AVINASH G. GHAROTE, J.

DATE : 26/02/2022

1. Heard Mr. Kulkarni, learned counsel for the applicant.

2. The contention is that the applicant had an earlier marriage, and therefore, the marriage with the non-applicant, was not legal and in view of which, the impugned order under the provisions of the D.V. Act, dated 06.06.2019, could not have been passed by the learned Judicial Magistrate First Class. It is contended that to substantiate the factum of earlier marriage, invitation card was placed on record. The learned Judicial Magistrate First Class, has disbelieved the plea of earlier marriage as the factum thereof has not been proved. There is nothing on record to indicate otherwise, considering which, the plea regarding the existence of the earlier marriage cannot be a ground to interfere. A further plea is raised, that the non-applicant had earlier in point of time filed a criminal case bearing Reg. Cri.

(2) 36.revn.26.2022

Case No.44 of 2010 a complaint under Section 498-A, 506 read with 34 of the Indian Penal Code against the applicant, which came to be dismissed on 19.10.2012 by the learned Judicial Magistrate First Class, Sadak/Arjuni, acquitting the applicant for the offences alleged. However, the judgment dated 19.10.2012, does not indicate any finding having been rendered regarding any earlier marriage having been performed by the applicant or anything adverse regarding the marriage claimed by the non-applicant.

3. Mr. Kulkarni, learned counsel for the applicant, however submits, that the evidence recorded may indicate otherwise and seeks time to place it on record, considering which, list the matter on 04.03.2022.

JUDGE Sarkate

Digitally signed byANANT R SARKATE Signing Date:28.02.2022 12:42