PRADEEP NANDRAJOG, J.

1. Heard learned counsel for the parties. Another instance of conflict between India and Bharat. The social norms in Rural India are not accepting the changes which the legislature intends to bring. Hindu Marriage Act 1955. It is observed more in breach rather than in compliance in rural areas. The reason appears to be that the rural society is not in sync with the modern ethos which the city bred propagates.

2. Petitioner, Ex.Ct.Shiv Ram was admittedly married to one Kalo Devi in April 2000. He and the lady are residents of two different villages in Tehsil Salooni, District Chamba, Himachal Pradesh. It is the customs which govern their social living and not the legislation. May be, the Government hardly reaches out to rural areas and thus they decide to live by their own norms.

3. The two could not pull along. The village elders intervened. A customary divorce took place when a panchayati decision was arrived at requiring the petitioner to pay alimony to Kalo Devi. This decision was taken in April 2002.

4. Petitioner and Kalo Devi separated and were happy. Petitioner paid the alimony. On 11.1.2006 Kalo Devi re-married one Narain Singh, an army officer. She was happy.

5. At a pilgrimage to Manimahesh, petitioner met one Indu Sharma. The two fell in love. They got married on 16.11.2006. They got married secretly. The reason was obvious. Petitioner had a previous marriage which was annulled at a customary Court and was not recognized as a divorce under the Hindu Marriage Act 1955.

6. Albeit belatedly, parents of Indu Sharma reconciled to the marriage but for unexplainable reasons Indu Sharma and her parents fell foul with the petitioner and made a complaint that the petitioner had breached the discipline of his organization and had committed an offence by contracting a second marriage with Indu Sharma during the lifetime of his first spouse; with the first marriage subsisting.

7. A Court of Inquiry was ordered. Affidavits of Kalo Devi and her second husband Narain Singh were filed testifying that on account of the customary divorce, Kalo Devi had re-married Narain Singh. Petitioner led evidence to establish that Indu Sharma had married him with full knowledge of the true facts.

8. On 31.3.2007, the Court of Inquiry gave an opinion as under:-

“After going through the findings of the court and documents produced by various witnesses the court has tome to the following conclusion:-

That No.98005229 Const Shiv Ram of 24 Bn. BSF married Smt.Kalo Devi in the year 2001 but has no issue from her. As per available evidence Mrs.Kalo Devi w/o Shiv Ram deserted him and remarried with one Shri Naran Singh S/o Chet Ram village Sundaratha Pargana Bagori Distt. Chamba H.P. The village Pradhans Panchayat Saikothi and Lanote Distt. Chamba have given an information under their official seal of the above effect in reply to an official query made on 22.01.07 by 24 BN BSF. Mrs.Kalo Devi too has given an undertaking of above effect and her name does not figure in the family register of (vill-Alla (Lanote) Chamba HP) Ct.Shiv Ram That in Aug 06 during a pilgrimage to Manimahesh, Chamba Const Shiv Ram and Miss Indu Sharma D/o Sh. Om Prakash Sharma fell in love with each other. Evidence has also come that Miss Indu knew about the caste, marital and service status of Const Shiv Ram. Since the parents of Miss Indu were not ready to marry her to Const Shiv Ram she deserted her home and married Shiv Ram in the court of Chamba HP on an affidavit on 16 Nov 06. Late on 17 Nov they married themselves according to Sikh customs in the Gurudwara Singh Sabha Jansali, Chamba HP. On 17 Nov 06 itself this information was given to Shri Om Prakash F/o Miss Indu. No evidence has come that Miss Indu Sharma was threatened pressurized or induced for marriage or was sexually exploited against her free will. This is also evident from the fact that no FIR was lodged at any stage and no medical examination of Miss Indu was done. Evidence has also come