C.O.C.P. NO.3581 OF 2014 :{ 1 }:
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
207
C.O.C.P. NO.3581 OF 2014
DATE OF DECISION: AUGUST 08, 2018
Court on its own motion
…..Petitioner
VERSUS
Gurmeet Singh
….Respondent
CORAM:- HON’BLE MR.JUSTICE AUGUSTINE GEORGE MASIH
Present: Mr. K.B.S.Mann, Advocate
for wife-Charanjit Kaur.
Mr. P.S.Brar, Advocate,
for the respondent-husband.
*****
AUGUSTINE GEORGE MASIH, J. (ORAL)
This petition has been initiated by the Court on its own motion,
proceeding on the assumption that the respondent had made a wrong
statement in the Court about his wife not joining him. This has been
asserted to be so in the light of the fact that he was already residing with
another lady, Sandeep Kaur, with whom she was in a live-in relationship,
which fact is disputed by the respondent by asserting that after his wife,
namely, Charanjit Kaur, had left the matrimonial home, although the wife
states that she had been thrown out of the house, Sandeep Kaur was looking
after the household affairs and he has never married with her as was initially
asserted and complained by Charanjit Kaur.
I have perused the order passed by this Court as also the reply,
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which has been filed by respondent, Gurmeet Singh. Perusal of the said
reply explains the position as far as he is concerned. It has been explained
that it was during the mediation proceedings that a compromise was entered
into between the parties on 17.10.2011 and on the basis of the said
compromise, both the parties made their respective statements in Court that
they were residing happily as husband and wife since 22.11.2011 and
further that that pending case under Section 125 Cr.P.C. as also case under
Sections 406, 498A IPC and the appeal pending against the acquittal order
passed by the Judicial Magistrate Ist Class, Sirsa in FIR No.164, dated
04.08.2001 between the parties were to be withdrawn and on the basis of
said compromise, the divorce decree was set-aside by this Court on
02.03.2012.
It is after that when the appeal preferred by the contemner-
respondent Gurmeet Singh against the acquittal of the brothers of Charanjit
Kaur was withdrawn on 15.03.2012 and on the very next day his wife left
the house, review application was moved by him, where a statement was
given by Charanjit Kaur that respondent Gurmeet Singh has already married
with Sandeep Kaur. On the asking of the Court, an enquiry was held by the
Assistant Superintendent of Police, Sirsa, who submitted his report dated
22.10.2013 wherein it was concluded by him that there is no proof with
regard to there being another married solemnized between Gurmeet Singh
and Sandeep Kaur and rather Gurmeet Singh had brought Sandeep Kaur to
his house with the consent of her parents to do the household work and to
maintain his house.
In view of the said report, it cannot be said that there has been a
marriage solemnized by Gurmeet Singh with Sandeep Kaur. The allegations
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against the respondent that he had falsely made a statement before this
Court that they were residing together happily again cannot be said to be a
false statement as at that moment both the parties had given their respective
statements in the Court. It is not a case that the respondent and his wife,
Charanjit Kaur, had not cohabited after the compromise was entered into
between the parties or that they did not continue to stay together after the
passing of the order dated 02.03.2012 but it is subsequently that certain
dispute between the parties had arisen and Charanjit Kaur left the house of
the respondent, may be for any reason.
Therefore, without going into the aspect with regard to the
reasons as to whether the wife left the matrimonial home or she was thrown
out of the same, this Court gives benefit of doubt to respondent, Gurmeet
Singh and does not find him guilty of having made a false statement before
the Court.
In view of the above, the present contempt petition stands
disposed of.
Rule issued against the respondent stands discharged.
August 08, 2018 ( AUGUSTINE GEORGE MASIH )
khurmi JUDGE
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
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