HARPAL SINGH Vs. STATE

JUDGEMENT

(1.) The petitioners, who are father-in-law, mother-in-law and husband of complainant, Smt. Rekha, seeks anticipatory bail under Section 438 of Criminal Procedure Code.

(2.) The petitioners contended that the complaint was filed as a counter blast to the petition under Section 11 of Hindu Marriage Act registered as HMA No.486/2006 filed by the petitioner No.3 for declaring his alleged marriage with the complainant, Smt.Rekha, as null and void on the ground that at the time of marriage, complainant was already married to Shri Satbir Singh and the marriage between the complainant and Shri Satbir Singh were not dissolved by a decree of divorce. The petition under Section 11 of Hindu Marriage Act was filed by the petitioner No.3 on 28th August, 2006 and the complaint was filed on 31st October, 2006, after filing of the petition by petitioner No.3 under Section 11 of Hindu Marriage Act, 1955 for declaring the said marriage as null and void. The petitioners contended that the complainant left the house on her own on 10th/11th June, 2006 after the petitioners came to know that the complainant was already married with Shri Satbir Singh.

(3.) The petitioners have contended that the complainant had harassed and pressurized her husband, Satbir Singh, and his family members demanding her istridhan and cash amount. The petitioner No.3 is stated to be the only son of petitioner Nos.1 and 2 who are senior citizens and ailing. It is contended that the petitioners are respectable persons having roots in the society and are not previous convicts in any other case and have permanent residence at Delhi and they will abide by any terms and conditions as may be imposed by the Court. Learned counsel for the complainant has very vociferously contended that the marriage was dissolved by agreement/samjhota by the Panjchayat and, therefore, the marriage between the complainant and petitioner No.3 is valid. Learned counsel is, however, unable to show any provision of the Hindu Marriage Act under which the marriage between the parties can be dissolved by the alleged agreement/samjhota entered between the parties before the alleged Panchayat. Since the marriage between petitioner No.3 and complainant has already been declared as null and void and no appeal has been filed, it cannot be inferred that there was marriage between the parties.