HARI MOHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners are aggrieved by the order dated 05.08.2010 passed by the Civil Judge [Junior Division] cum Judicial Magistrate, 1st Class, Bonli, District Sawai Madhopur, whereby the learned Magistrate has taken cognizance against them for offences under Sections 498-A, 406 and 323 I.P.C.

(2.) The brief facts of the case are that the petitioner No.1, Mr. Hari Mohan, was married to the respondent No.2, Ms. Saroj, on 14.11.1997 in accordance with the Hindu customs and rites. At the time of marriage, while Mr. Hari Mohan was fifteen years old, Ms. Saroj was twelve years old. Thus, they got married when they were minors. Nine years later, the 'gona' ceremony was performed. And Ms. Saroj finally went to the matrimonial home. However, according to the petitioners, Ms. Saroj could not adjust well with her husband and her in-laws. Eventually, on 20.04.2010, Mr. Hari Mohan instituted a suit before the Civil Judge [Junior Division] cum Judicial Magistrate, [1st Class], Sawai Madhopur for declaring the marriage as null and void, as the marriage was performed against the law. The learned Magistrate issued notice to Ms. Saroj. Ms. Saroj received the said notice on 20.05.2010.

(3.) Immediately, on 29.05.2005, Ms. Saroj filed a complaint before the learned Magistrate at Bonli, District Sawai Madhopur, wherein she arrayed all the eleven members of the in-laws' family as accused-persons. According to her, while she was staying with her in-laws, she was subjected to physical and mental cruelties because of constant dowry demands made upon her and her family. According to her, these incidents had occurred in Village Jadawta, Police Station, Mantown, District Sawai Madhopur.