MOHAN LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard learned counsel for the applicants and learned AGA.

(2.) I have perused the annexures filed along with the affidavit filed in support of the application as well as counter affidavit and the judgment delivered by Civil Judge, Senior Division, Chitrakoot against the applicant Krishna Mohan in a suit filed by him seeking divorce under Section 13 of the Hindu Marriage Act from the daughter of respondent no.2.

(3.) The allegations in the first information report are that the bride after the marriage is solemnised is not sent to the bridegroom's house according to custom prevalent in their society. She is sent there after gauna ceremony is performed. After some days of the marriage the informant has learnt through Mohan Lal and Divanpal residents of Bhawanipur that her husband and father-in-law are demanding a sum of Rs. 50,000.00 as price for performing the gauna ceremony. On the failure of the informant to do so the applicants had declined to perform this second marriage ceremony and take his daughter to their house. When the informant along with his villagemen visited their house the demand of Rs. 50,000.00was repeated and they were turned out of their house by the applicants after abusing them. On 22-3-1998 the informant conducted a panchayat of his community at Chitrakoot. The applicants were summoned there by the panchayat and their conduct was condemned by the panchayat. On 5-9-1998 these persons visited the village of the informant, they stayed at the outskirts of the village and sent for the informant. When the informant along with some villagers reached there he was abused and he was told by the applicants that what have you gained by conducting panchayat and unless the claimed price for performing gauna ceremony is paid they are not taking his daughter to their house. They had also threatened to eliminate the entire family. These are the allegations made in the first information report.