Ashwani Kumar vs Asha Rani

G.S. Chahal, J.—The present revision has been preferred by Ashwani Kumar, challenging the order dated 11.1.91, passed by Sh. Birinder Singh, Judicial Magistrate I Class, Patti, framing charge against the petitioner u/s 494, IPC and against Smt. Rama Rani u/s 109, IPC.

The facts, in brief, are that Smt. Asha Rani is the wife of the revision-petitioner. According to her, she was married to him at Khalra on 29.3.85. After marriage, the petitioner started harassing her and started making demands of money. On 13.4.88, the petitioner contracted second marriage with Smt. Shama at Panchkula, in village Relly. Having learnt about this second marriage, she brought this complaint. To prove her case, she examined PW 1 Smt. Shama who deposed to the effect that she was a Sehajdhari Sikh. On 13.4.1988 she was married to Ashwani Kumar at village Relly by performance of four Lawan before Shri Guru Granth Sahib. She and her parents are also followers of Sikhism. Her elder sister was also married by Anand Karaj ceremony. PW 2 Kartar Singh stated that he acted as a Granthi and performed the marriage of Ashwani Kumar and Smt. Shama by Anand Karaj ceremony. He had performed four Lawan before Shri Guru Granth Sahib. Smt. Shama had brought a petition Under Section. 11 of the Hindu Marriage Act for getting her marriage with Ashwani Kumar annulled and the same was decreed by the District Judge, vide judgment dated 9.3.1989.

The main argument of the learned Counsel for petitioner is that no valid marriage could be performed between the petitioner and Smt. Shama by Anand Karaj ceremony, as both the parties were Hindu and it was not pleaded that there was a custom by which parties could have entered into a valid marriage by Anand Karaj.

I have already referred to the statement of Smt. Shama wherein she state that in her father''s family, marriages by Anand Karaj are performed and that she is a Sheajdhari Sikh. u/s 7(1) of the Hindu Marriage Act, a Hindu marriage may be performed in accordance with the customary rites of either party thereto. In this situation, a valid marriage could be performed between a Sikh and a Hindu by Anand Karaj, or by Saptapadi. The plea of the learned Counsel for the respondent that the ceremonies of Anand Karaj, form of marriage, were performed between Ashwani Kumar petitioner and Smt. Shama and that they constitute a valid marriage, thus, has to be accepted.

Statement of Smt. Shama has been supported by PW 2 Kartar Singh, Granthi, who says that the marriage was performed by four Lawan before Shri Guru Granth Sahib. The evidence on record, thus, prima facie proves the petitioner to have entered into second marriage with Smt. Shama and the evidence is such, which, if goes unrebutted, will lead to conviction of the petitioner. The impugned order of the learned Magistrate is, thus, valid and calls for no interference. I hereby dismiss the revision petition.