MAN MOHAN JAIN Vs. RAJNI JAIN AND

JUDGEMENT

(1.) V. P. Mathur, J. This petition under Section 482, of the Cr. P. C. is directed against an order passed by the Munsif Magistrate of Varanasi on 22/7/1982 in Criminal Case No. 1029 of 1982 - Kajni Jain v. Man Mohan Jain, summoning the accused for offence under Section 494, I. P. C.

(2.) BRIEFLY stated, the case is that Smt. Rajni Jain filed a complaint against the present petitioners for action under Section 494 of the Indian Penal Code. Man Mohan Jain (applicant No. 1) is her husband. It is alleged that he entered into a second marriage with Km. Sudha Churi (applicant No. 2 ). Applicants Nos. 3 and 4 are the father and. mother of Km. Sudha Churi. The complaint allegations were that Smt. Rajni Jain and Man Mohan Jain were married according to Hindu rights , on 11-7-1975. After the marriage the complainant started living with her husband in Agra. In 1977 they both came to Varanasi, where the father and mother of the complainant resides. This visit was in connection with the marriage of the complainant's brother. After the marriage, she was left at Varanasi to complete her Ph. D. But subsequently on 13-6-1982 when the Complainant was also in Agta, Man Mohan Jain entered into a second marriage with Km. Sudha Churi, in which her parents who are the present applicants Nos. 3 and 4 performed the Kanyadan in spite of full knowledge that Man Mohan Jain was already a married person and in spite of the fact that the complainant reached the spot where the marriage was being performed and when it was going on, she brought it to the notice of every body that she was the married wife of Man Mohan Jain.