BALWINDER SINGH BEDI Vs. MANJIT KAUR

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure, praying for quashing of the petition filed by respondent- Manjit Kaur under Section 125 of the Code of Criminal Procedure annexed as Annexure P1 with this petition.

(2.) IN her petition under Section 125 of the Code for grant of maintenance, respondent Manjit Kaur alleged that petitioner Balwinder Singh Bedi's first marriage was dissolved by a decree of divorce, dated May 29, 1986, vide judgment of Shri G.S. Chahal, District Judge, Amritsar under Section 13-B of the Hindu Marriage Act. She further alleged in her application that Balwinder Singh Bedi (petitioner in this case) and his parents falsely represented to her and to her parents that the petitioner had got divorce from his former wife Tajinder Kaur, daughter of Ajit Singh Sodhi, a resident of Chandigarh and deceitfully persuaded her and her parents to solemnise her marriage with the petitioner. Their such representation to her and to her parents was false as it was in their knowledge that divorce proceedings for dissolution of the earlier marriage by Balwinder Singh Bedi with Tajinder Kaur were still pending in the Court of District Judge, Amritsar, at that time. The complainant and her parents not being aware of the act of deception played on them by Balwinder Singh Bedi and his parents, accepted the proposal for solemnisation of the marriage of Manjit Kaur with Balwinder Singh Bedi placing full reliance on the version as given out by them, and their accomplices. The marriage took place between the respondent and Balwinder Singh Bedi at Amritsar on August 24, 1986 according to Sikh religious rites.

(3.) THE petitioner wants the quashing of application of Manjit Kaur respondent under Section 125 of the Code of Criminal Procedure, on the following grounds :-