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1989 Supreme(HP) 50

N.M.KASLIWAL
SANTOSH KUMARI ALIAS ANITA – Appellant
Versus
SURJIT SINGH – Respondent


Advocates Appeared:
For the petitioner:Shri R. K. Sharma, Advocate for the petitioner, along with the petitioner. For the respondent:Respondent Surjit Singh in person.

JUDGMENT

N. M. Kasliwal, C. J.- Ihis petition shall be registered under Article 227 of the Constitution of India. Shri R. K. Sharma, is present on behalf of Smt. Santosh Kumari and both the parties, Smt. Santosh Kumari and Surjit Singh are also present.

2. This petition arises in the following circumstances.

3. A news item was published in the Punjab Kesari, Jallandhar, dated October 22, 1988, in which it was mentioned that in an important case, Shri Manoj Kumar Bansal, Judicial Magistrate District Kangra, had permitted one Sh. Surjit Singh of village Niangal (Nurpur) to contract second marriage on the ground of non-fulfilment of his sexual desire from his weak and ailing wife. Learned Magistrate in his judgment ruled that Smt. Santosh Kumari alias Anita shall continue to be the legally wedded wife of Sh. Surjit Singh and he shall provide her and his daughter all facilities such as clothing, boarding and lodging till their lifetime and shall be liable to marry his daughter.

4. Shri K. C. Sood, District and Sessions Judge, Kangra Division, Dharamsala, by his letter dated November 19, 1988, brought the above news item to the notice of the Registrar of this Court for placing the matter be







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