O P GOGNE Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The instant case has been filed under Section 482 of the Cr.PC for setting aside the impugned judgment dated 20.04.2011 passed by Addl. Sessions Judge(North), Delhi dismissing the Revision Petition and for setting aside the order dated 05.07.2010 passed in Criminal Complaint No.97/J/10 by the Addl. Chief Metropolitan Magistrate dismissing the complaint under Section 200 of the Cr.PC.

(2.) The facts of the case in brief are that, on 08.01.2008 Respondent No. 2, who is the elder son of the Petitioner, told the petitioner and his wife that he wanted to marry his first cousin, namely, Minakshi. The petitioner and his wife both opposed the alliance since Respondent No.3 is the daughter of the brother of the wife of petitioner, therefore, both fall within the "degree of prohibited relationship" as defined in clause (g) (iv) of Section 3 of the Hindu Marriage Act, 1955.

(3.) After about six months, Respondent No. 2 again repeated the same proposal. The petitioner was shocked that his own son had betrayed his parents by expressing his intention to commit void act. When all the efforts failed to dissuade his son from the intended marriage with his first cousin and no care for the law despite he himself being a judicial officer in Delhi. Therefore, the petitioner having no other option has taken the legal course.