KAILASH SINGH PARIHAR Vs. PRITI PARIHAR

JUDGEMENT

(1.) AS the miscellaneous petition Under Section 482 Cr. P. C. and the Criminal revision arise out of the same case, they can conveniently be disposed of by a common order.

(2.) THE facts necessary to appreciate the points involved in the case are these. Non-petitioner Smt. Priti Parihar was married to the petitioner No. 1 Kailash Singh Parihar. The other petitioners Kan Singh Parihar, Kamla Parihar and Madho Singh Parihar are the father, mother and brother respectively of Kailash Singh Parihar. The petitioner No. 5 Meena is said to be the married wife of Kailash Singh Parihar. It is not disputed that the non-Retitioner Priti Parihar was married t0 Shri Kailash Singh Parihar. Kailash Singh parihar, had filed an application for dissolution of his marriage with the non-petitioner Under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'act' ). The marriage of the non-petitioner with Kailash Singh Parihar was dissolved by a decree of divorce by the learned District Jcdge, Jodhpur under his judgment dated Jan. 4, 1977. The appeal filed by the non-petitioner against the aforesaid judgment also did not succeed and was dismissed on Apr. 4, 1978. Thereafter the non-petitioner filed a special appeal Under Section 18 of the High Court Ordinance which is pending. In that special appeal a Division Bench of this Court dealing with the stay matter interpreting Section 15 of the Act, observing that it is also applicable to special appeal and because the special appeal has been filed and has been admitted, it shall no longer be open to either Party to marry again during the pendency of the appeal, did not think it proper to pass any specific order.

(3.) THE non-petitioner Priti Parihar filed a complaint against the petitioners in the Court of Judicial Magistrate No. 1, Jodhpur for offence u/ss. 494, 109, 114 and 496 IPC alleging therein that in spite of the orders of the Division Bench of this Court dated Aprl. 11, 1978, referred to above, Kailash Singh Parihar solemnised a second marriage with Meena, petitioner No. 5 on Aprl. 6, 1980. The statement of Priti Parihar Under Section 202, Cr. P. C. and of Digvijay Singh was recorded and the learned Magistrate took cognizance of offence Under Section 494 IPC against the petitioner No. 1 Kailash Singh Parihar and Under Section 494 r. /w. Section 114 against the other petitioners and issued process Under Section 204 of the Cr. P, C.