Crl.Misc.No.M-25716 of 2008 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Criminal Misc. No. M-25716 of 2008
Date of Decision: 12 - 2 - 2009
Smt.Pushpa .....Petitioner
v.
Rattan Lal .....Respondent
CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA
***
Present: Mr.Sherry K. Singla, Advocate
for the petitioner.
None for the respondent.
***
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
The present petition has been filed under Section 482 Cr.P.C.
seeking quashing of order dated 12.9.2008, Annexure P5 passed by the Sub
Divisional Judicial Magistrate, Talwandi Sabo whereby he has allowed
application of the husband for amendment of the reply.
Petitioner-wife has instituted a petition under Section 125
Cr.P.C.. A reply was filed. Lateron, it was averred by the respondent-
husband that petitioner was earlier married with one Madan Gopal on
24.1.2006 and no legal divorce was taken, therefore, second marriage of
petitioner Pushpa with respondent Rattan Lal was void.
The trial Court has exercised the discretion and allowed
Crl.Misc.No.M-25716 of 2008 [2]
amendment of the reply. Journey of the Court is to find out the truth. Fair
opportunity should be given to all to project their case. Therefore, no fault
can be found with the discretion validly exercised by the trial Court.
No merit. Dismissed.
( KANWALJIT SINGH AHLUWALIA )
February 12, 2008. JUDGE
RC