Gurmeet Kaur vs Kuldip Singh

M.L. Singhal, J.

This is Crl. Misc. No. 24905M of 1997 filed under section 482 Cr.P.C. whereby Smt. Gurmit Kaur and others have prayed for the transfer of criminal complaint No. 19C/13.3.95/689.5.97 titled "Kuldip Singh v. Gurmit Kaur and others" from the court of Judicial Magistrate First Class, Kapurthala to the Court of Judicial Magistrate First Class, Kaithal.

Gurmit Kaur accused who is tehsil Kaithal based was married to Kuldip Singh who is tehsil Bhulath (district Kapurthala) based. Marriage took place at village Siwah, Tehsil Kaithal. Unfortunately, their marriage ran into rough weather. Gurmit Kaur filed complaint under section 406/498A IPC against Kuldip Singh, his mother Bachan Kaur and brother Hazara Singh in the court at Kaithal in the year 1995. Gurmit Kaur filed application under section 125 Cr.P.C. against Kuldip Singh in the court at Kaithal in the year 1995. She filed petition under section 13 of the Hindu Marriage Act against Kuldip Singh in the court of Additional District Judge Kaithal for dissolution of her marriage with Kuldip Singh by a decree of divorce in the year 1995.

Kuldip Singh filed complaint under section 494/109 IPC against Gurmit Kaur and others on the allegation that during the subsistence of his marriage with her, she without securing dissolution of her marriage with him entered into another marriage with Narinder Singh accused with the connivance of her father Dalip Singh, mother Rajwant Kaur, sister Jasbir Kaur and sister''s husband Jagdish Singh, Narinder Singh''s father Sohan Singh, mother Gurnam Kaur. They are all Kaithal based while Kuldip Singh is tehsil Bhulath district Kapurthala based. In support of transfer of the complaint from the Kapurthala court to Kaithal court, Gurmit Kaur and others have alleged that the complaint under section 494/109 IPC was filed by Kuldip Singh with mala fide and with oblique motive to thwart her claim to maintenance. All of them are Kaithal based whereas Kuldip Singh is tehsil Bhulath based. There is a distance of 350375 kms. between Kapurthala and tehsil Kaithal. It will be security hazard also for them to travel to Kapurthala when she and Kuldip Singh are not seeing eye to eye with each other for the past quite some time. Kuldip Singh has threatened them that in case Gurmit Kaur did not withdraw the cases pending in courts at Kaithal, they will be put to dire consequences. It has also been alleged that Kapurthala court has no jurisdiction to take cognizance of the complaint under section 494/109 IPC as if at all the second marriage of Gurmit Kaur took place, that took place in tehsil Kaithal and also Gurmit Kaur is putting up in Kaithal with her alleged second husband. It has been alleged that Gurmit Kaur is a poor woman. Her father is the only earning hand in the family. He has no source of income nor has any agricultural land or business. It will be difficult for them to bear expenses to and from district Kaithal to district Kapurthala as they are 8 persons arrayed in the complaint while Kuldip Singh is the only one who has to travel alone.

This Crl. Misc. petition has been contested by Kuldip Singh urging that complaint under section 406/498 IPC was dismissed in default on 7.8.97 and is no longer pending. In proceedings under section 13 of the Hindu Marriage Act, she filed application under section 24 of the Hindu Marriage Act for the grant of maintenance pendentelite and the expenses of litigation. He resisted her prayer saying that she has contracted another marriage during the subsistence of his marriage with her. On this ground her claim to maintenance pendente lits was refused. He filed petition under section 9 of the Hindu Marriage Act which he withdrew on the assurance given by her parents that she will return to the conjugal fold.

In this transfer application, all that is to be considered is as to in whose favour the aquity leans. Whether it leans in favour of Gurmit Kaur and others accused in the bigamy case or equity leans in favour of Kuldip Singh. Gurmit Kaur and others accused are 8 in number. They will have to undertake journey from Kaithal to Kapurthala for attending the hearings of the bigamy case against them. Kuldip Singh is alone arrayed in the complaint as complainant. He will have to travel alone to the court at Kaithal to attend hearings of the bigamy case. He has to produce a few witnesses also to prove the charge of bigamy in the bigamy case whom he will be carrying from Kapurthala. In the interest of justice, equity and fair play, bigamy case should be transferred from Kapurthala to some court at Kaithal. So, complaint case No. 19C/13.3.95/689.5.97 pending in the Kapurthala court is ordered to be transferred to the Court of Chief Judicial Magistrate, Kaithal. Gurmit Kaur will bear the expenses which Kuldip Singh and his witnesses incur for attending the court at Kaithal from district Kapurthala. Whatever payment is made to Kuldip Singh and his witnesses on this score, that will be refunded to Gurmit Kaur by Kuldip Singh in case on the conclusion of complaint the complaint is dismissed and the accused are discharged or acquitted. Court at Kapurthala where this complaint is pending will send the file complete in all respects to the court of Chief Judicial Magistrate on or before March 15, 1999.

Parties shall appear in Kaithal court on 25.3.1999. Disposed of accordingly.