KAMLA KUMARI Vs. MOHAN LAL

JUDGEMENT

(1.) CRIMINAL Misc. Application No. 8206 of 1982, for final hearing, has been preferred by Smt.Kamla Kumari, while CRIMINAL Misc. Applications Nos.2986 of 1983, 8337 of 1983 and 2775 of 1981 have been preferred by Pan Singh and others, Uma Shanker and others and Hari Shanker and others respectively and are for admission. In all these cases a common question of law is involved, so they are disposed of together.

(2.) ONE of the points raised in them by tie concerned applicants is that section 17 of the Hindu Marriage Act is ultra vires, and that section and Section 494, IPC read together are violative of the Constitution.

(3.) IN Criminal Misc. Case No. 8337 of 1983 there is a prayer for quashing the proceedings in criminal case No. 543 of 1979, initiated on the complaint of opposite party no. 1 Smt.Geeta Devi, wife of petitioner no. 1. It would appear that the applicants were summoned. Thereafter the opposite party no. 1 did not appear on 11-8-79 and it is urged that the applicants were discharged, but a fresh complaint has been filed and they have been summoned, which could not be done.