NOOR CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE fifth respondent has been appointed as part time Water Carrier in Government Primary School Chalan, Gram Panchayat Kamand, Tehsil Ani, District Kullu, H.P. The petitioner has challenged her appointment on the ground that (a) she was not legally divorced by her husband; (b) she was married to one Nazir Singh for which purpose reliance is placed upon Annexure P -9, which is a copy of marriage Registration Register (Register maintained under Rule 21 and 34 of the Marriage Registration Rules). Learned Assistant Advocate General submits that the appointment of the fifth respondent was made on the basis of Rule 12 of the Rules governing the appointment of part time Water Carrier. The fifth respondent was considered under the category of "woman deserted by her husband". This fact is contested by the petitioner. Learned counsel appearing for the fifth respondent submits that the documents which have been placed on the record of the case are fabricated and do not reflect the correct position.

(2.) IN these circumstances, this petition is disposed of with directions that Sub Divisional Magistrate, Ani, District Kullu shall conduct an inquiry to verify the fact as to whether the fifth respondent is a woman deserted by her husband and whether she was married to one Nazer Singh. On the submission made by the petitioner that there is no valid divorce because divorce deed is not permissible under law, no inquiry will be conducted for the reasons that the rules only contemplate separation. Such inquiry shall be completed by the SDM, Ani within two months from the date when this order is first presented before him. He shall take the assistance of the SDM, Una in order to verify the facts with respect to the marriage of the fifth respondent with Nazer Singh and thereafter shall submit his report to the first respondent to take action in accordance with law. Need less to say that both the petitioner and the fifth respondent shall be given adequate opportunity of hearing by SDM, Ani. No order as to the costs. All miscellaneous pending applications also stand disposed of.