SURINDER KAUR Vs. PREETPAL KAUR

JUDGEMENT

(1.) PETITIONER Surinder Kaur has filed this revision petition against the order dated 7.7.1995 passed by Judicial Magistrate Ist Class, Guhla, whereby he refused to summon the respondent -accused in the complaint filed by her (Surinder Kaur -petitioner) and only summoned Major - Singh husband (accused No. 1 in the complaint) under Section 494, Indian Penal Code.

(2.) BRIEFLY , the facts are that a complaint was filed by Surinder Kaur - petitioner against Major Singh and others under Sections 494/420/109, Indian Penal Code, on the grounds that she was married to Major Singh on 2.3.1990 and two children, a male and a female, were born out of the wedlock. After the birth of female child, the family members of Major Singh started misbehaving with the complainant Surinder Kaur on one pretext or the other as the parents of the complainant could not fulfil the demands of Major Singh and his family members, i.e. Virsa Singh and Bachan Kaur (respondents Nos. 4 and 5). Major Singh (husband) and Virsa Singh and Bachan Kaur (respondents Nos. 3 and 4) used to beat the complainant and to keep her hungry. When the complainant told her parents about the demand of money by Major Singh (husband) and his parents (respondents Nos. 3 and 4), her father fulfilled the same, but their demands were increasing with the time. When the parents of Surinder Kaur complainant failed to fulfil the demands of Major Singh (husband) and Virsa Singh and Bachan Kaur (respondents Nos. 3 and 4), they kicked out the complainant out of their house and deserted her. At that time, the complainant was pregnant and the male child was born after that. Major Singh (husband) filed a petition under Section 13 of the Hindu Marriage Act against the complainant Surinder Kaur and managed to get an ex parte decree against her on 4.6.1993 by playing fraud. Thereafter, Virsa Singh, Bachan Kaur and Kashmir Singh (respondents Nos. 3, 4 and 8) abetted Major Singh and Preetpal Kaur (respondent Nos. 1 and 2) to remarry. They (Virsa Singh, Bachan Kaur and Kashmir Singh) also assisted Major Singh and Preetpal Kaur in remarrying fully knowing the fact that the marriage of the complainant with Major Singh still existed and the ex parte decree was obtained by Major Singh by playing fraud. Major Singh remarried on 22.10.1993.

(3.) AFTER coming to know of the ex parte decree, the complainant filed a petition for setting aside of the same and the ex parte decree was set aside on 1.9.1994.