NARINDER PAL KAUR CHAWLA Vs. JOGINDER KAUR CHAWLA

JUDGEMENT

(1.) This Special Full Bench has been constituted in terms of the order dated 14th September, 2012 passed by the learned Single Judge. The said order was passed in the application under Section 151 CPC being I.A. No. 17007/2012 filed by the plaintiff in CS(OS) No. 2395/2009 inter-alia praying that CS(OS) No. 2395/2009 along with two other suits being CS(OS) No. 2396/2009 & 2397/ 2009 be placed for a decision before a Full Bench as legal points had been raised by her. After obtaining the orders from Hon'ble the Acting Chief Justice, the aforesaid three suits along with pending application are listed before us. These three suits have been filed by the plaintiff seeking different reliefs detailed as follows:-

(2.) We have gathered certain facts from the pleading of the parties as well as the earlier orders passed. Some relevant facts are that the plaintiff claims to be the second wife of Manjit Singh Chawla, a marriage stated to have been solemnized on 11th December, 1977 by a misrepresentation made by him that he was a bachelor whereas he was already married. From the wedlock, two daughters, namely Shifali Chawla and Priya Chawla were born in 1981 and 1983 respectively. Both the daughters are married and settled in their matrimonial homes.

(3.) In October, 1993, the plaintiff had lodged a criminal complaint before a Metropolitan Magistrate, Patiala House Courts, New Delhi against the defendant No. 2 alleging that he committed offences under Sections 494 & 495 IPC; charges were framed against him on 30th June, 1997 and he was finally convicted by judgment dated 17th September, 2002. He was sentenced to undergo rigorous imprisonment for three years and a fine of Rs. 5,000/- him. However, an appeal was filed by the defendant No. 2 against the aforesaid judgment. In the judgment dated 14th January, 2004 of the Additional Sessions Judge, New Delhi, the Appellate Court maintained the conviction of defendant No. 2 but the sentence imposed on him was reduced to 14 days RI, which period he had already undergone and the fine was increased from Rs. 5,000/- to Rs. 1,00,000/-. Aggrieved by the said order, the plaintiff's Criminal Revision No. 238/2004 is pending consideration before the High Court.