GOMTI Vs. BAHADUR

JUDGEMENT

(1.) THIS is a petition by the aggrieved wife for quashing the orders, Annexures P4 and P6 passed by Judicial Magistrate 1st Class, Sirsa, and Additional Sessions Judge, Sirsa, respectively.

(2.) THE case of the petitioner is that she was married to Bahadur (respondent No. 1) on 23.5.1975 according to Hindu rites and out of this wedlock a daughter was born. It is alleged that Bahadur (respondent No. 1) remarried Indrawati (respondent No 5) on 3.2.1980; that respondent Nos. 2 and 3 are the parents of her (petitioner's) husband; and that respondent Nos. 6 and 7 are the parents of Indrawati (respondent No. 5). It is alleged that Rameshwari and Khetpal (respondent Nos. 4 and 10) are close relations of Bahadur (respondent No. 1) whereas Dulla Ram (respondent No. 9) is a close relation of Indrawati (respondent No. 5) and that Pandit Rameshwar (respondent No. 8) performed the marriage of Bahadur (respondent No. 1) with Indrawati (respondent No. 5). It is alleged that respondent No. 1 performed the second marriage with respondent No. 5 in connivance with respondent Nos. 2 to 4 and 6 to 10 and that all these respondents knew that respondent No. 1 was already married to the petitioner.

(3.) THE Judicial Magistrate 1st Class, Sirsa, after recording perliminary evidence, summoned the respondents to face trial under Section 494 read with Section 109, Indian Penal Code, vide his order dated 10.7.1980.