GYAN KAUR Vs. MANOHAR SINGH

JUDGEMENT

(1.) MST. Gyan Kaur is admittedly the married wife of the respondent Manohar Singh. She was married to him sometime in the year 1958. The married couple lived in a peaceable and amicable manner for about 3-1/2 years. Thereafter relations between the two got stained, as MST. Gyan Kaur by that time did not give birth to any child. It is alleged that Manohar Singh started maltreating his wife. He eventually turned her out of his house somewhere in the year 1962. Manohar Singh's father Banta Singh then planned for the second marriage of his son, with MST. Darshan Kaur, daughter of Jaband Singh. When Gyan Kaur and her father Jagat Singh came to know of this device, they tried to dissuade Manohar Singh and Banta Singh not to implement their wishes. Both of them, however, did not pay any heed to this persuasion or advice. Jagat Singh and Ratan Singh also went to MST. Darshan Kaur and told her that as Manohar Singh had already been married with Gyan Kaur, she must not agree to marry Manohar Singh. Despite all these attempts, marriage of MST Darshan Kaur was to be performed with Manohar Singh on November 29, 1963, at Chak 43 R. B. Having come to know of this fact, Gyan Kaur despatched telegrams to the authorities concerned, including the local police, asking them to stop the performance of marriage. The Superintendent of Police, Ganganagar, sent police force along with Jagat Singh, father of Gyan Kaur and other persons to prevent celebration of the marriage. When the police reached Chak 43 R. B. , the marriage of Manohar Singh with Darshan Kaur had already been performed according to the Sikh customs. Respondents No. 2, 3 and 4 along with others participated in the marriage celebrations. A complaint was lodged in the court of the Sub Divisional Magistrate, Karanpur, on December 2, 1963, against the respondents, Manohar Singh, Banta Singh, Suba Singh, Jaband Singh and others. Thereupon, a case was registered under sec. 494, IPC against Manohar Singh and under sec. 494, read with sec. 109, C. P. C. against Banta Singh, Suba Singh, Mela Singh and Jaband Singh. Mela Singh, died in the course of trial. After the marriage Banta Singh executed a Tamlik Nama (gift deed] and got it registered on January 21, 1964, setting apart 24-1/2 Bighas of land, valued at Rs. 10,000/- for MST. Gyan Kaur's maintenance. In the document it was mentioned that as no issue was born to MST. Gyan Kaur, Manohar Singh took another wife in the marriage with the consent of Gyan Kaur and that Banta Singh felt duty bound to maintain his daughter-in-law. On having come to know of the complaint, Banta Singh got the gift deed cancelled. At the trial the defence of the accused was that Darshan Kaur was not married to Manohar Singh, but she was married to Amarjeet Singh, brother of Manohar Singh. Learned Sub Divisional Magistrate held that the marriage of Manohar Singh with Darshan Kaur has not been proved beyond doubt and, therefore, he acquitted Manohar Singh of the offence under sec. 491 IPC and the rest of the accused under sec. 494, read with sec. 109 IPC. Hence this appeal.

(2.) CONTENTION of learned counsel for the appellant is that the second marriage of Manohar Singh with Darshan Kaur has been proved satisfactorily and that the trial court has wrongly held that the performance of the alleged marriage is not immune from doubt. Learned counsel for the side opposite, on the other hand, argued that there is no sufficient evidence to show that the marriage ceremony according to the customs of the community was performed and as such the finding of the court below hardly warrants any interference.