Proceedings in offence of bigamy cannot be obliterated on grounds of delay: K'taka HC
Bengaluru, Jun 4: The Karnataka High Court has refused a petition seeking to quash the case of bigamy filed against a 76-year-old man who admitted that he is still married to three women.
The HC said his admission makes it a "continuing offence".
"In the teeth of the admitted facts of the petitioner marrying thrice and its subsistence even as on day, the plea of delay in registration of the crime would pale into insignificance, as bigamy in the case at hand is a continuing offence," it said.
Anand C alias Anku Gowda's first wife, Chandramma, had filed the case of bigamy and abetment against him, his third wife Varalakshmi, 49, and four of his close friends and relatives.
Anand had married Chandramma in 1968. He married her sister Savitramma in 1972. Anand claimed Chandramma had consented to the second marriage.
Anand married Varalakshmi in 1993 and claimed before the HC that both his first two wives consented to the third marriage.
Chandramma's complaint of bigamy was filed in 2018. She alleged that Anand had suppressed the fact of his earlier marriages while marrying Varalakshmi.
Anand, his third wife and other accused challenged it in the High Court on the ground that the complaint was filed nearly 25 years after the wedding. The second contention was that the third marriage had the consent of his other two wives.
The septuagenarian claimed that the bigamy case was filed after a property dispute involving his three wives. He had gifted a property to his third wife which was dissented by the other two leading to the bigamy case being filed. The children from the first wife have also initiated suits for partition against Anand.
Justice M Nagaprasanna, who heard Anand's petition, held in his May 25 judgement that the case against Anand and his third wife cannot be quashed as they were aware of the preceding marriages.
However the case against Anand's friends for abetting bigamy was quashed.
"Other family members or friends of 1st petitioner (Anand) cannot be hauled into these proceedings unless there are instances to demonstrate that they were responsible for the commission of second marriage or even the third marriage," the HC said.
"The act of bigamy generally is a triangle involving the husband, wife and second wife. This is a peculiar case where it is a quadrangle. Therefore, the first petitioner, second petitioner and the complainant will have to resolve the issue amongst themselves," the HC said absolving the other accused.
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Assam records nearly 18 pc voter turnout in first two hours of assembly polls
Guwahati (PTI): A voter turnout of 17.87 per cent was recorded in the first two hours of the assembly elections in Assam, where the BJP-led NDA is seeking a third consecutive term in power, while the Congress is striving to reclaim a state it lost a decade ago.
Polling began at 7 am for the 126-member assembly, and 17.87 per cent of the state's 2.5 crore voters exercised their franchise till 9 am, officials said.
A total of 722 candidates are in the fray for the elections, which is largely witnessing a direct contest between the BJP-led ruling coalition and the opposition bloc helmed by the Congress.
The river island of Majuli recorded the highest turnout in the first two hours at 20.03 per cent, while Tamulpur in the Bodoland Territorial Region witnessed the lowest at 15.32 per cent.
Voters began queuing outside polling booths since early morning, despite rain in many parts of the state.
Prominent candidates who have cast their votes so far include Leader of the Opposition Debabrata Saikia in Nazira, Assam Jatiya Parishad president Lurinjyoti Gogoi in Khowang, and BJP's Pradyut Bordoloi.
Votes are being cast at 31,490 polling stations across the 35 districts of the state, with polling concluding at 5 pm.
Among the heavyweight candidates whose fates would be decided in this election are Chief Minister Himanta Biswa Sarma, state Congress president Gaurav Gogoi, AIUDF chief Badruddin Ajmal and Raijor Dal leader Akhil Gogoi.
The Congress has fielded the highest number of candidates at 99, followed by the BJP with 90. The AIUDF has 30 candidates, while NDA constituents Asom Gana Parishad (AGP) and Bodoland People's Front (BPF) are contesting 26 and 11 seats, respectively.
In the opposition bloc, Raijor Dal is contesting 13 seats, Assam Jatiya Parishad (AJP) 10, CPI(M) 3 and APHLC 2. Other parties in the fray include AAP (18), UPPL (18), TMC (22), JMM (16), besides 258 Independents.
Algapur-Katlicherra and Karimganj South have the highest number of candidates at 15 each, while nine constituencies -- Rangia, Jagiroad (SC), Hojai, Naduar, Jonai (ST), Doomdooma, Mahmora, Teok and Lakhipur -- have only two candidates each.
