SANTOSH KUMARI Vs. SURJIT SINGH

JUDGEMENT

(1.) This petition shall be registered under Article 227 of the Constitution of India. Shri R.K. Sharma, is present on behalf of Smt. Santosh Kumari and both the parties, Smt. Santosh Kumari and Surjit Singh are also present.

(2.) This petition arises in the following circumstances : A news item was published in the Punjab Kesari, Jallandhar, dated October 22, 1988, in which it was mentioned that in an important case, Shri Manoj Kumar Bansal, Judicial Magistrate District Kangra, had permitted one Sh. Surjit Singh of village Niangal (Nurpur) to contract second marriage on the ground of non-fulfillment of his sexual desire from his weak and ailing wife. Learned Magistrate in his judgement ruled that Smt. Santosh Kumari alias Anita shall continue to be the legally wedded wife of Sh. Surjit Singh and he shall provide her and his daughter all facilities such as clothing, boarding and lodging till their lifetime and shall be liable to marry his daughter.

(3.) Shri K.C. Sood, District and Sessions Judge, Kangra Division, Dharamsala, by his letter dated November 19, 1988, brought the above news item to the notice of the Registrar of this Court for placing the matter before the Chief Justice to consider if any action under revisional jurisdiction or under the Constitution of India can be taken. On November 26, 1988, the Chief Justice had passed an order that the matter be taken up on the judicial side.