BALJEET SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present writ petition has come up for consideration before this court in a unique situation where the grievance of the petitioner is that the respondent police personnels have, without any authority of law, inducted respondent No.6 in his residential house where he was residing alongwith his widow mother as a result of which he has been compelled to live in Hotel Raj Plaza, New Sanganer Road, Jaipur. The said act of the respondents is in excess of their jurisdiction authority and is an illustration of high-handedness: of the police authorities. Consequently, the petitioner has invoked the extraordinary jurisdiction of this court under the Constitution of India to seek redressal of his grievance in the term that possession in house No.540, Nemi Sagar Colony, Vaishali Nagar, Jaipur, be restored to him and his widow mother.

(2.) The respondent No.6, namely Rajesh, daughter of Laxmi Ghand has claimed herself to be the wife of the petitioner whereas the said fact has been emphatically denied by the other side, namely; Baljeet Singh. According to the petitioner, the marriage between him and respondent No.6 was never solemnized. The petitioner had been living in the aforesaid house and the respondent No.6 was residing in plot No.48, Behind Senapati House, Sain Colony, Prem Nagar, Jhotwara, Jaipur. According to respondent No.6, the marriage had been solemnized at Arya Samaj in Shastri Nagar, on 12.11.1994.

(3.) The respondent No.6 on the basis of the aforesaid claim of marriage initiated various proceedings, such as a criminal case by registering of FIR (399/2002) on 11.8.2002 at police station Sanganer, Jaipur, for the offence under Section 498A IPC; an application for maintenance under Section 125 Cr.P.C. before the Learned Judge, Family Court No.l, Jaipur which was allowed on 22.11.2007 awarding maintenance @ Rs.3,000 per month; a revision petition before the High Court against the said order of maintenance and thereafter a special leave to appeal before the Hon'ble Supreme Court. It is pertinent to note here that while deciding the said appeal (4247/2009), the Hon'ble Supreme Court had on 13.7.2009 passed the following order: