SHAM SUNDER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a desperate, dejected, rejected and discarded lover -cum -husband's revision petition, whose petition filed under Section 9 of the Hindu Marriage Act for restitution of conjugal rights was dismissed by the matrimonial Court vide judgment Exhibit P -1 and who is now convicted and sentenced under Section 500 of the Indian Penal Code to undergo rigorous imprisonment for 9 months and to pay a fine of Rs. 1500/ - in default further rigorous imprisonment for three months.

(2.) BRIEF resume of the facts of the case is that complainant -Harbhajan Singh is the father of Satvinder Kaur. Long back Satvinder Kaur's maternal uncle was married to the sister of accused -petitioner Sham Sunder. On 19.12.1984 accused -petitioner filed a petition under Section 9 of the Hindu Marriage Act which was decided against him on 1.3.1986. During the pendency of that matrimonial case, on 28.9.1985 the complainant -respondent filed this complaint under Section 500 of the Indian Penal Code against the accused -petitioner.

(3.) THE complainant -respondent averred in his complaint that this daughter was never married to accused -petitioner and she never gave birth to a son from the loins of accused -petitioner. On receiving the summons issued by the Matrimonial Court, Satwinder Kaur and the complainant -respondent appeared in the Court, the aforesaid false allegations were read out to them in the Court in the presence of Daya Singh and Daulat Singh of village Lodhi Chak. According to the complainant, these false allegations have disgraced and defamed him in the eyes of his community people and his co -villagers. Hence, he filed the complaint.