V NAGABHUSHANAM Vs. V NAGENDRAMMA
HIGH COURT OF ANDHRA PRADESH
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(1.) The two petitioners have been convicted, the first under S. 494, Penal Code, and the second under S. 4 (4) of the Madras Act (6 of 1949) and sentenced to regorous imprisonment of 6 months and to fine of Rs. with a default rigorous imprisonment of six weeks respectively.
(2.) A complain was filed by the wife of the 1st accused that during the subsistence of her marriage with him he had taken a second wife, the daughter of the 3rd accused. The 2nd wife was impleaded as the 2nd accussed. The charge against the 1st and 2nd accused was one under S. 494, Penal Code. while that against the 3rd accused, that is, the 2nd petitioner, was one under S. 4 (4) of Madras Act (6 of 1949).
(3.) The defence of the accused was that the 2nd marriage had not taken place as alleged by the prosecution and that, in any event, as the marriage with the complainant was dissolved, the 1st accused was competent to marry a second time and therefore no offence was committed by any of the accused. A plea was put forward on behalf of the second accused that she, being a minor, could not be held to be guilty of the offence with which she was charged.(;
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