PARKASHO DEVI Vs. MOHAN LAL

JUDGEMENT

(1.) MRS . Parkasho Devi depicting herself as the first wife of Mohan Lal, accused-respondent, filed complaint under Section 494 read with Sections 101/120-B IPC against Mohan Lal and others alleging that Mohan Lal, accused-respondent, had contracted a second marriage with other Mst. Parkasho Devi, daughter of Jai Narain in the year 1979. The admission of Mohan Lal, accused-respondent. Ex. PA in a suit for permanent injunction that he had contracted a marriage on 6.6.1976 at Delhi with a girl with whom he had love affair was also pressed into service by the complainant.

(2.) THE trial Court after recording the evidence acquitted the accused-respondent by holding that the complainant had failed to prove that the second marriage was performed by Mohan Lal according to religious ceremonies and personal law of the parties. The admission of the accused Mohan Lal in other proceedings regarding second marriage was held not sufficient to prove the solemnization of the second marriage according to personal law of the parties by placing reliance on the decision of the Apex Court in Smt. Priya Bala Ghosh v. Suresh Chandra Ghosh, AIR 1971 SC 1153.

(3.) MOHAN Lal, respondent filed an application that Mst. Parkasho Devi had effected a compromise with him and undertaken to withdraw this appeal. Mst. Parkasho Devi has failed to turn up despite specific direction to her Counsel to ensure her presence. Under the circumstances, there is no option but to dispose of the appeal on merit.