SURESH Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) Following prayers have been made in this writ petition:

(2.) Perused the writ petition as well as counter affidavit filed on behalf of the respondent Nos. 5 and 6, it appears that during lifetime of his wife Smt. Girja Devi, the petitioner No. 1 Suresh remarried one Kiran. According to the prosecution the petitioners were demanding heavy dowry and tortured Girja and lateron got her disappeared, who might have been killed by the petitioners. The petitioners deny these allegations and has come up with a claim that Girja Devi had left the house out of her own.

(3.) The solitary question urged by Mr. Tej Pal, learned Counsel for the petitioner, is that Section 17 of the Hindu Marriage Act read with Section 494, Indian Penal Code whereby Hindus are denied to marry more titan one wife and if they do so they will be punished under Section 494, Indian Penal Code whereas the Muslims are allowed to have 4 wives and shall not be punished and are thereby violative of Articles 14, 15, 19, 20 and 21 of the Constitution. Mr. Tej Pal also read out the decisions referred to in the writ petition.