Son can launch prosecution against his father or mother for offence of bigamy
A scrutiny of the legal provisions would show that the said contention is fallacious. Sub-section (2) to Section 198 of the Code is a clear indicator that the expression "aggrieved person" is not intended to be restricted to one of the spouses so far as offence of bigamy is concerned. Sub-section (2) is extracted below :
"For the purposes of Sub-section (1), no person other than the husband of the woman shall be deemed to be aggrieved by any offence punishable under Section 497 or Section 498 of the said Code:
Provided that in the absence of the husband, some person who had care of the woman on his behalf at the time when such offence was committed may, with the leave of the Court, make a complaint on his behalf."
The above sub-section makes it clear that only the concerned husband can have the legal out fit of a complainant if the offence is bigamy or enticement of a married woman. Of course in the absence of such husband some other person can make a complaint in respect of those two offences, but under certain conditions. But the legislature has definetely kept apart the offence of bigamy from the ambit or restrictions regarding the status of the complainant. It means that any person, whether he or she is the spouse or descendant or parent of the offender, can become the complainant in a case for bigamy if he is aggrieved of the offence. No doubt, the grievance should not be a pretence, but must be genuine.
Kerala High Court
V.P. Madhavan Vydiar vs Ajith Simhun And Anr. on 14 January, 1994
Equivalent citations: 1994 CriLJ 1811
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