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1997 Supreme(Raj) 1185

MOHD.YAMIN
Nand Kishore – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

1. - By his order dated 5.7.1996, learned Addl. Chief Juddl. Magistrate No. 4, Jodhpur took cognizance for offence under section 498-A IPC against the petitioners. By his order dated 12.9.1996 he ordered that the charge under section 498-A IPC be framed and read over to the petitioners. The petitioners have challenged both the orders under section 482 of the Cr.P.C.

2. I have heard the learned counsel for the petitioners as well as learned Public Prosecutor and the learned counsel for the respondent No, 2.

3. The facts, in brief, are that Smt. Neeru Joshi resident of Udaipur was married to Nand Kishore on 14.12.1985. According to the petition filed under section 13 of the Hindu Marriage Act for divorce, the husband and wife lived together at Udaipur upto 28.1.1986. It was alleged in the divorce petition that the husband had deserted the wife w.e.f. 29.1.1986 and she was residing at Udaipur. It was averred in the divorce petition that Nand Kishore had contacted a second marriage with Smt. Pappi D/o Ratanlal R/o Phalodi on 7.5.1987 and a son was born in May, 1988. She prayed that a decree for divorce may be granted. The petition was dismissed by the learned Judge of Family Cou











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