Surjit Kaur and Another vs Surjit Kaur

G.S. Chahal, J.—This Criminal miscellaneous u/s 482 of the Code seeks the quashing of the order of learned Sessions Judge, Bhatinda dated 16-11-1988 and the order of the learned Judicial Magistrate 1st Class dated 24-1-1985.

The brief facts which are necessary for decision of this case are that Smt. Sarjit Kaur is the wife of Jagga Singh, she filed a complaint on the basis that about 8/9 months prior to the filing of the complaint, Jaggi Singh had contracted second marriage with Smt. Guddi petitioner No. 2 Her mother Smt. Surjit Kaur, who is arrayed as one or the accused, is alleged to have abetted the offence. The marriage was performed by Anand Karaj ceremonies and had been witnessed by Ajaib Singh, Harnek Singh and Gurnam Singh. The other co-accused had also participated in the marriage, and given Shagun and performed Gidha aid Bhangia.

The petitioners now have challenged the order of summoning on the basis that there was no evidence for essential ceremonies with respect to the second marriage. There was no evidence that Smt. Guddi was aware of the fact that Jagga Singh was previously married to Smt. Surjit Kaur. Some of the accused-persons had been discharged by the order of the learned Sessions Judge. The case of Smt. Surjit Kaur was not distinguishable from that of other co accused.

I do not find force in the contentions raised by the learned counsel. The witnesses have specifically stated that the marriage of Smt. Guddi with Jagga Sinigh was performed in the Anand Karaj ceremony. Anand Karaj ceremony is one of the recognised legal ceremonies of marriage amongst; the Sikh. Even if all the details of Anand Karaj are not given, the description of marriage in the Anand Karaj ceremony, by itself, was sufficient evidence of the performance of essential ceremonies of a legal carriage. It is in the evidence of the complainant herself that the fact of Jagga Singh''s previous marriage with her, was known to the co-accused persons. The evidence has not so far been challenged or rebutted It was sufficient to prove the allegations prima facie It cannot be disputed that in any Indian marriage the ceremonies are performed by the parents of the girl, especially when the marriage is performed at their house It cannot, thus, be said that Smt. Sarjit Kaur''s case was at par with the case of her other co-accused who had been ordered to be discharged by the learned Sessions Judge, I am thus, of the view that the order of summoning is based on sufficient and legal evidence. No fault can be found with the same. I hereby dismiss the criminal miscellaneous.

The parties, through their counsel, are directed to appear before the trial Magistrate on 4th February, 1991.