Kartar Kaur alias Taro vs Gurdev Singh and ors.

S.D. Bajaj J.

The facts giving rise to this appeal are that Kartar Kaur complainant was married to Gurdev Singh respondent by way of Anand Karaj ceremony at village Sivian about sixteen years prior to the filing of the complaint and the marriage was attended by Kaka Singh. After marriage she resided with Gurdev Singh respondent at his house situated in Mehna Chowk, Batinda and discharged all the obligations of a wife. As she could not bear a child, Gurdev Singh started maltreating her and declared that he was to contract a second marriage. Kartar Kaur opposed the proposal and also requested her relatives to check Gurdev Singh from performing a second marriage. Gurdev Singh got annoyed and turned her out of the house about eleven months before the filing of the complaint. The complainant Kartar Kaur then started living with her mother at Chak Attar Singh Wala. The complainant alleged that Gurdev Singh contracted a second marriage with her sister Amarjit Kaur 7/8 months before the filing of the complaint and the marriage was performed by Anand Karaj ceremony with full religious rites in the presence of Gurdev Singh son of Kirpal Singh and Major Singh son of Arjan Singh. It was arranged by Mohinder Singh respondent, brother of the complainant. Joginder Singh and Balwinder Singh respondents, two of her brothers performed the ceremonies of marriage. They had knowledge that Gurdev Singh was already married with her and she was alive. Thus a complaint was filed by Kartar Kaur against Gurdev Singh and other respondents for their trial for offences under sections 494/495/497 and 109, Indian Penal Code.

After preliminary evidence was recorded, the respondents were summoned and Gurdev Singh respondent was charged for an offence under section 494 and the other respondents for the offences under section 494 read with section 109 Indian Penal Code.

The respondent pleaded not guilty. It his statement under section 313 of the Code of Criminal Procedure, Gurdev Singh admitted that he was married to Kartar Kaur but pleaded that his marriage was performed according to Hindu rites and the same did not take place in the presence of Kaka Singh. He further pleaded that Kartar Kaur could not bear any child so she herself brought her sister Amarjit Kaur to his house for cohabitation with him in order to procure a child. Later on she started resenting the stay of Amarjit Kaur and filed a false complaint. It was further stated that the complainant was residing with her maternal uncle Arjan Singh who had a dispute with him regarding a truck. She was not staying with her mother in village Sivian. All the other respondents made similar statements. In defence Atma Singh, a resident of village Sivian, Jagir Singh, Sarpanch of that village and Gulab Kaur mother of the complainant were examined who deposed that Gurdev Singh was not married to Amarjit Kaur but it was the complainant who herself had taken Amarjit Kaur to her marital house for the sake of a child.

After perusing the record and hearing the counsel for the parties, the learned trial Court found that the complainant failed to establish the charge against the respondents beyond reasonable doubt and the respondents were thus acquitted by Shri Bhagwan Singh the learned Judicial Magistrate Ist Class, Bhatinda vide his judgment dated April 29, 1983. It is this judgment that has been assailed by the complainant by way of this appeal.

Shri K.S. Ahluwalia, the learned counsel for the appellant contended that there was no denial that the complainant was the legally wedded wife of Gurdev Singh and she had been residing with him as such for the last 16/17 years. Gurdev Singh respondent however turned her out of the house on the ground that she was unable to bear a child and then he contracted a second marriage with Amarjit Kaur, sister of the complainant who had given birth to a daughter and a son from the loins of Gurdev Singh. There was sufficient evidence on record to show that Gurdev Singh married Amarjit Kaur by performing all the essential ceremonies and there was also his admission that Amarjit Kaur living with him as his wife. The contention of the learned counsel is without substance because even if there is an admission regarding second marriage that will not, make the respondent liable under section 494, Indian Penal Code. Moreover, a perusal of the statement of Gurdev Singh respondent will show that he had not admitted any valid marriage with Amarjit Kaur. All that he stated was that Amarjit Kaur was brought to his house by the complainant herself in order to procure a child since she was unable to, bear the taunts of collaterals. This version is supported by the other respondents who are the real brothers and sisters of the complainant and by Gulab Kaur, DW mother of the complainant. But even if Gurdev Singh admitted a marriage still that admission was of no consequence unless it was proved that essential ceremonies to constitute a valid marriage were performed. In the case of Hamir Kaur v. Atal Singh and another, 1974 CLR VolumeII 288, it was held :

"That proof of solemnization of second marriage in accordance with essential religious rites applicable to parties is a must for conviction for bigamy and that mere admission of an accused of contracting second marriage is not enough. In this, view of the matter, the admission of Amarjit Kaur is of no consequence."

To similar effect is the case reported as Smt. Surinder Kaur Mohinder Singh and others, 1978 PLR 12.

Next question, to be determined in this case is whether there wags any evidence on record to show that marriage of Gurdev Singh with Amarjit Kaur was celebrated with proper ceremonies and in due form. In this care it was alleged that marriage was performed by Anand Karaj ceremony. In Anand Karaj marriage, the essential ceremonies, are four lawans made by bridegroom followed by bride around the holy Guru Granth Sahib amidst the recitation of the hymns composed by the fourth Guru, Guru Ram Dass. The two witnesses examined by the complainant to prove a second valid marriage have not deposed about the ceremonies in their earlier statements recorded on July 9, 1979. Major Singh. PW 1 stated that Gurdev Singh was married to Amarjit Kaur by way of Anand Karaj ceremony and to similar effect was the statement of PW2, Gurdev Singh. They did not depose that lawans we performed as mentioned above. They however made material improvements in their statements when they appeared in witness box and deposed about the ceremonies gone through at the time of marriage in detail. Both them witnesses are close relatives of the complainant and Gurdev Singh. PW is also inimical to the respondents since his daughter is married to Gurtej Singh. We of Arjan Singh and Arjan Singh is the maternal uncle of the complainant who was having a dispute regarding a truck with Gurdev Singh respondent. Their presence at the time of alleged marriage is quite doubtful. It cannot be accepted that Major Singh and Gurdev Singh had the occasion to attend the marriage without wife of Major Singh who was the real sister of the complainant and Arjan Singh and Gurtej Singh, the dore relatives of the complainant who were not invited. They simply came to support the case of the complainant on account of their strained relations with Gurdev Singh respondent. The version given in defence is quite plausible and natural. It is likely that as the complainant had not borne any child she took her sitter along and permitted her to cohabit with her husband in order to procure a child. This version further stands corroborated by the fact that no complaint was filed for 7/8 months after the complainant gained knowledge about this alleged second marriage. The learned trial Court thug rightly gave findings that no valid second marriage was proved to have been performed by Gurdev Singh with Amarjit Kaur and the respondents were not liable for the offence with which they were charged. The findings of acquittal are, therefore, affirmed and the appeal is hereby dismissed as being without awy force.