ASHWANI KUMAR Vs. ASHA RANI

JUDGEMENT

(1.) THE present revision has been preferred by Ashwani Kumar, challenging the order dated 11. 1. 91, passed by Sh. Birinder Singh, Judicial Magistrate I Class, Patti, framing charge against the petitioner under Section 494, IPC and against Smt. Rama Rani Under Section 109, IPC.

(2.) THE facts, in brief, are that Smt. Asha Rani is the wife of the revision-petitioner. According to her, she was married to him at Khalra on 29. 3. 85. After marriage, the petitioner started harassing her and started making demands of money. On 13. 4. 88, the petitioner contracted second marriage with Smt. Shama at Panchkula, in village Relly. Having learnt about this second marriage, she brought this complaint. To prove her case, she examined PW 1 Smt. Shama who deposed to the effect that she was a Sehajdhari Sikh. On 13. 4. 1988 she was married to Ashwani Kumar at village Relly by performance of four Lawan before Shri Guru Granth Sahib. She and her parents are also followers of Sikhism. Her elder sister was also married by Anand Karaj ceremony. PW 2 Kartar Singh stated that he acted as a Granthi and performed the marriage of Ashwani Kumar and Smt. Shama by Anand Karaj ceremony. He had performed four Lawan before Shri Guru Granth Sahib. Smt. Shama had brought a petition Under Section. 11 of the Hindu Marriage Act for getting her marriage with Ashwani Kumar annulled and the same was decreed by the District Judge, vide judgment dated 9. 3. 1989.

(3.) THE main argument of the learned Counsel for petitioner is that no valid marriage could be performed between the petitioner and Smt. Shama by Anand Karaj ceremony, as both the parties were Hindu and it was not pleaded that there was a custom by which parties could have entered into a valid marriage by Anand Karaj.