BANWARI SINGH CHAUHAN Vs. STATE OF U P

JUDGEMENT

(1.) -Heard counsels for the parties and perused the re 2. The case of the petitioner is that he was married to Smt. Uma Kumari daughter of Sri Ratan Singh on 13.3.1967 at Moradabad, who was posted there as Company Hawaldar Major. It transpired later on that at the time of marriage with the petitioner, Smt. Uma Kumari was pregnant and was admitted in hospital for abortion. After marriage, 'bida ceremony' of Smt. Uma Kumari was not performed, as such, she did not return with the petitioner immediately after marriage. Later, on enquiry, it was revealed that Sri Ratan Singh was keeping Head Constable Sri Suraj Pal Singh at his quarter with Smt. Uma Kumari who had illicit relations. He was already married, hence, Sri Ratan Singh could not perform the marriage of his daughter Smt. Uma Kumari with Sri Suraj Pal Singh. Even after marriage of Smt. Uma Kumari with the petitioner, she continued her affairs and illicit relationship with Sri Surajpal Singh and whenever petitioner asked his father-in-law to send her, he avoided it.

(2.) THE petitioner claims that he hails from a respectable family and with a view to avoid defamation, he tried his level best to impress upon Smt. Uma Kumari to sever the illicit relationship with Sri Surajpal Singh as it was bringing bad reputation but his request had no effect on her. In these circumstances, the petitioner went to Kashmir in 1971 on duty. He again went to Moradabad in 1972 and requested Sri Ratan Singh for 'bida' but Smt. Uma Kumari refused to go with the petitioner.

(3.) AFTER dissolution of void marriage, the petitioner remarried one Smt. Munni Devi, in 1975. He took voluntary retirement from service and was paid provisional pension till September, 1995 but his retiral dues were not paid to him on the ground of his remarriage in the lifetime of first wife.