SUNITA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a petition on behalf of the former wife of one Atul Tyagi son of Narendra Singh. The petitioner No. 1 Sunita was so married to said Atul Tyagi on 21-2-1988. The petitioner No. 2 is the second husband of the petitioner No. 1 as per the statement made in the petition. Petitioner No. 3 is the father of the petitioner whereas petitioner No. 4 is the brother of petitioner No. 5 who is also close relative. The petitioner states that the petitioner No. 1 Sunita despite marriage having taken place in February, 1988 was being harassed by her in-laws. It is further stated that the earlier husband of the petitioner No. 1 Atul Tyagi was unable to perform matrimonial obligations and he was not competent to establish relationship of husband and wife despite the medical treatment. Ultimately it is stated that the petitioner No. 1 was turned out of the house on 28-6-1997. It is also alleged that she was being forced to bring more money from her parents. Compelled with the circumstances, ultimately a divorce petition was filed u/S. 13 of the Hindu Marriage Act being petition No. 921/98 before the Additional Civil Judge (C) III, Gaziabad. It is stated that notices were issued to Atul Tyagi, the husband who was a respondent in the divorce petition, he was also represented through his advocate on one date, but thereafter absented. Ex parte proceedings were taken against Atul Tyagi and the marriage was dissolved by a decree of divorce on 25-1-1999. It is the case of the petitioner No. 1 that after the marriage had been dissolved, no relation remained between the petitioner and Atul Tyagi.

(2.) The petitioner No. 1, after obtaining the decree of the divorce remarried with petitioner No. 2 Sunil Tyagi, and ever since they were living together. It is also stated at the bar by the learned counsel for the petitioner No. 1 that she is pregnant after the second marriage having a pregnancy of 5-6 months.

(3.) Narendra Singh, father of Atul Tyagi resident of Jaipur got registered an FIR on 21-9-1999 reporting to the police that his former daughter-in-law Sunita has entered into a second marriage amounting to adultery. Further allegations were made in the FIR that her brother Vinod had taken her away along with all gold ornaments and other belongings on the pretext that she was required at her parents house in connection with some marriage of relations. The allegations against respondent Nos. 3, 4 and 5 have been made that they were the persons who had helped the petitioner No. 1 to get remarried. It is the contention of the petitioners that the process of law has been abused grossly in the said case to satisfy the vengeance of the complainant. Element of malice on the part of complainant has also been pleaded. It is also alleged that the investigating officer did not go into the facts of the case, nor he had enquired about the marriage by making any enquiries at Gaziabad. Even the petitioner No. 5 the sister of the petitioner No. 1 who is married at Kurukshetra has also been involved and implicated.