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Himachal Pradesh Court October 1962 Judgments

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Oct 25 1962

Smt. Naumi Vs. Narotam and anr.

Court: Himachal Pradesh

Decided on: Oct-25-1962

Reported in: AIR1963HP15

C.B. Capoor, J.C.1. This appeal by Smt. Naumi through her next friend Shri Shib Lal is directed against a decree of the learned Senior Sub-Judge Mahasu, whereby the petition filed by the appellant under Sections 11, 12, 13 and 10 of the Hindu Marriage Act hereinafter to be referred as the Act, was dismissed.2. The allegations on which the petition was founded were these. The petitioner was married to respondent No. 1 on 10th of Magh 2014 B (1958) in accordance with the Praina custom obtaining in the ilaqua. She was minor at the time of the marriage, the consent of her parents had not been obtained to the marriage and that her uncles Sarv Shri Sehaj Ram and Hirda Ram who had given her in marriage were the sons-in-law of Mani Ram the own brother of respondent No. I. At the time of the aforesaid marriage respondent No. 1 had another wife respondent No. 2 living with him and even if she is not proved to be his wife he was having sexual intercourse with her. After her marriage the petitione...


Oct 03 1962

Smt. Padi and ors. Vs. Union of India (Uoi) Through Kharia Ram

Court: Himachal Pradesh

Decided on: Oct-03-1962

Reported in: AIR1963HP16,1963CriLJ760

ORDERC.B. Capoor, J.C.1. This reference and reference No. 11 of 1962 have been made by the learned Sessions Judge Mahasu recommending that the charge framed against the petitioners for offences under Sections 494 and 494 read with Sections 109, 114 and 116, I. P. C., be quashed. Charges under the aforesaid sections were framed against Smt. Padi, Sarvashri Narainu, Chet Ram, Paras Ram, Kehru, Ram Dass and Dip Ram. Two separate applications in revision against the aforesaid order were filed one by Smt. Padi, Sarvashri Chet Ram, Paras Ram, Dip Ram and Ram Das and the other by Sarvashri Kehru and Narainu--which were disposed of by the learned Sessions Judge by a common judgment and I propose to dispose of both the references by this order.2. Briefly stated the facts giving rise to these references were that Kharia was married to Smt. Mathi about 20 years back. On 8th Manghar 2017 B. after the coming into force of the Hindu Marriage Act 1955 he contracted a marriage with Smt. Padi. Shortly ...


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