RAM NIWAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the petitioner.

(2.) ACCORDING to learned counsel for the petitioner, the petitioner married with one Sharda Devi on 16. 05. 1987 as per Hindu Rites. Out of the wedlock, a daughter Seema born to the petitioner. The petitioner's wife Sharda Devi died on 11. 05. 1993. The petitioner, thereafter, married to one Indra on 13. 05. 1994. Out of this wedlock, two sons born to the petitioner. Smt. Indra died on 16th Oct. 1997. Therefore, by two marriage, the petitioner got three children. It is submitted by learned counsel for the petitioner that after the death of second wife of the petitioner, the petitioner contracted third marriage but there is no child from that wedlock.

(3.) LEARNED counsel for the petitioner further submitted that this court has, following earlier Division Bench decision of this Court, taken a view in the case of Rajendra Kumar vs. State of Rajasthan (RLW 2005 (1) Raj. 441) (By me), that a child given in adoption cannot be considered as child of that person, who gave his child in adoption to other person. Therefore, in view of the above when law permits petition to marry after death of his first wife then only children of the wife in existence can be taken into account and not the children born from earlier wife.