KARNAIL SINGH Vs. KIRPAL KAUR

JUDGEMENT

(1.) The respondents are absent despite service. Accordingly, I proceed to decide the revision ex-parte.

(2.) Kirpal Kaur was married to Gurnam Singh and from his loins she gave birth to three children. After the death of Gurnam Singh she is alleged to have married Karnail Singh, younger brother of Gurnam Singh according to Sikh rites on 4th February, 1981 at village Kalyan.

(3.) On 14th April, 1984 Kirpal Kaur filed a civil suit for permanent injunction to restrain Karnail Singh from remarrying and in para 1 of the plaint stated that she was his wife and their marriage was celebrated according to Sikh rites on 4th February, 1981 at village Kalyan. Karnail Singh denied this averment and pleaded that the marriage of his elder brother had taken place 10/11 years ago and he was about 40 years of age at the time of death and he (Karnail Singh) was only 23 years of age whereas Kirpal Kaur was much older to him. The trial Court on the basis of the evidence recorded in the case dismissed the suit.