Rubi and anr vs State of U.P.and others

D.K. Arora, J.

Heard Shri Ashwani Mishra, learned counsel for the petitioners. Learned standing counsel appears for the respondents. Shri A.P. Singh and Shri S.K. Maurya have filed an impleadment application on behalf of Shri Sandeep Agrawal, who is admittedly legally married husband of petitioner no.1.

By this writ petition the petitioners have prayed for a writ of mandamus directing the Superintendent of Police, J.P. Nagarrespondent no. 2 for taking adequate and appropriate action on their application dated 4.12.2008 and to provide proper security to the petitioners.

It is admitted by the petitioners that petitioner no. 1 is a legally married wife of Shri Sandeep Agrawal and that she has a son out of the wedlock. It is alleged that Shri Sandeep Agrawal was cruel to his wife on which she left him and has started living with Shri Nagendra Singhpetitioner no.2. The husband of petitioner no. 1 and her inlaws were torturing her and that in the night of 3/4.12.2008 they entered in their house and committed acts of hooliganism.

Inspite of repeated questions asked from the counsel for the petitioners, he is not in a position to give any good reasons as to why petitioner no. 1 has taken shelter in the house of petitioner no. 2, and the relationship between them.

In the impleadment application filed by Shri Sandeep Agrawal it is stated that he married petitioner no.1 three year''s ago. The petitioner no. 2 is a local Gunda and has incited away his wife. A first information report under Sections 366 I.P.C. has been lodged against the petitioner no.2 at P.S. Hasanpur, District J.P. Nagar. The local police has not recovered his wife and son so far.

Shri Sandeep Agrawal has further alleged that petitioner no. 2 is a married man with five children. It appears that he has married petitioner no. 1 illegally and has also filed a Suit No. 73 of 2009 Nagendra Singh vs. Smt. Rubi under Section 9 of the Hindu Marriage Act with the allegations that the petitioner no.1 got married with petitioner no.2 on 1.8.2008 and that subsequently they have strained relations seeking restitution of conjugal rights.

The impleadment application is allowed.

The facts stated in the writ petition as well as in the affidavit accompanying with the impleadment application would show that the petitioner no. 1 married with Shri Sandeep Agrawal. The marriage was not dissolved by any decree of divorce. The reasons, for which she has left residence, and whether she was abducted by respondent no. 2, need not be examined by us. A first information report has been lodged by Shri Sandeep Agrawal against petitioner no.2 and that we have every reason to believe that the police will conduct a fair enquiry in the matter of abduction and adultery.

On the face of the allegations made in the writ petition the matter involves highly disputed questions of facts which do not call for interference under Article 226 of the Constitution of India at this stage.

The writ petition is dismissed, with observations that the Superintendent of Police, J.P. Nagar will investigate into the matter and take immediate appropriate steps in the matter in accordance with the law.