NEK CHAND Vs. BINDU BALA

JUDGEMENT

(1.) THE Petitioner has prayed for quashing of Cr.M.A. No. 5/2 of 2007 pending in the Court of learned Judicial Magistrate Ist Class, Solan and for setting aside summoning order dated 8.12.2009 in that case.

(2.) THE facts, in brief as per Petitioner are that Petitioner and Respondent were married on 9.5.2002. The marriage was not smooth, Respondent filed petition for dissolution of marriage which was allowed by learned Addl. District Judge, (Presiding Officer, Fast Track Court), Solan on 10.3.2006. This was challenged in the High Court by way of appeal which was disposed of in terms of application filed under Section 13 -B of the Hindu Marriage Act read with Order 23 Rule 3 Code of Civil Procedure in FAO No. 150 of 2006 on 11.9.2006.

(3.) THE Petitioner has not dishonestly misappropriated the property of the Respondent. The Respondent had herself abandoned her claim with respect to any joint property or articles received at or about the time of marriage, at the time of entering into mutual consent divorce. Once the parties have settled their family dispute they cannot turn around and claim the articles as mentioned in the complaint. The remedy available to the Respondent was under Section 27 of the Act. The learned Judicial Magistrate has erred in considering the articles mentioned in the complaint as "Istri Dhan".