CAPT DR HAMESH KUMAR Vs. DR NISHA SAHI

JUDGEMENT

(1.) THE present petition under Section 482 of the Criminal Procedure Code has been moved alleging that application moved under Section 125 of the Code of Criminal Procedure, pending in the Court of Shri R.P. Nagrath, Judicial Magistrate 1st Class, Jalandhar, be quashed.

(2.) IT has been alleged that the petitioner was married to Dr. Nisha Sahi on 31.1.1990 and a daughter was also born out of the wedlock on 10.11.1990. It has been alleged that at the time of marriage it was never disclosed to the husband that Dr. Nisha Sahai was already married and she obtained divorce prior to her second marriage with the petitioner. The respondent -wife has deserted the petitioner -husband and the marriage broke down. Thereafter, she joined Chawla Nursing Home at Jalandhar and was drawing a salary of Rs. 3,000/ - per mensem. The petitioner was serving as a Short Services Commissioned Officer in the Indian Army at the time of his marriage. It has further been alleged that the respondent -wife is now a PCMS -I Officer in the service of Punjab Government and receiving salary of Rs. 6,000/ - per mensem. This is supported by the appointment letter Annexure P -3 dated 3.8.1990 and other correspondence placed on record by the husband. In another petition, which was moved by Dr. Nisha Sahi against the petitioner -husband there is a specific allegation that the petitioner wife is a qualified MBBS PCMS -I Doctor in the ESI Dispensary at Jalandhar.

(3.) THE respondent wife has not filed any reply to the present petition despite three opportunities which were given to her counsel on 21.4.1993, 12.7.1993 and even for today.