PARMINDER KAUR Vs. JOGINDER KAUR

JUDGEMENT

(1.) The relevant facts for disposal of this petition are that Resham Singh was married to petitioner No. 1, Parminder Kaur. In the year 1989, the police of Police Station, Rahon, took Resham Singh in their custody from his house and had taken him to an unknown place, suspected him to be a terrorist involved in terrorist activities. Petitioner No. 1 alongwith his entire family, relatives and friends made their best efforts to locate and to get Resham Singh released from the police but they could not succeed and his whereabouts were not known. The police had also not disclosed his arrest, detention or elimination by fake or genuine encounter. He has never met petitioner No. 1 or any other relative or friend. Therefore, Resham Singh is presumed to be dead as he is unheard for the last more than 7 years i.e. since 1989.

(2.) Petitioner No. 1, keeping in view her own well being and better comfort of life and independent decision and without any pressure is now living with Inder Pal Singh, petitioner No. 2 at his house in Village Galoti, Tehsil and District Moga since 10-2-1998.

(3.) Joginder Kaur, respondent, mother of Resham Singh, filed a complaint under Section 494, 120-B IPC against all the petitioners on the allegation that Resham Singh is still alive and he left the house about 3 years ago after completely fed up from petitioner No. 1.