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HC stays FIR lodged by lady cop against husband, ORS
6/24/2009 10:25:36 PM
EARLY TIMES REPORT
Jammu, June 24- The Vacation Judge of Jammu and Kashmir High Court Jammu Wing Justice J P Singh today ordered that until the petition comes-up next before the Court for consideration, the proceedings in FIR No 47/2009 registered at P/S Bhaderwah u/s 498-A /109 RPC shall remain stayed. This order was passed in a petition filed by father-in-law and others against their bride, who is a police constable.
Feroz Ram, Kaushalya Devi wife of Feroz Ram and Shishpal Singh son of Feroz Ram resident of village Haddal Tehsil Bahderwah in their petition submitted that respondent No 2 Saroj Bala a police constable in JKAP, a de-facto complainant, is the wedded wife of Shish Pal Singh since November 2003 and out of this marriage a male child was born in August, 2005. Respondent cop at present is posted in Jammu and is residing in police line Gulshan Ground Jammu. The marriage between petitioner Shishpal Singh and Saroj Bala went in rough whether because of arrogant and adamant attitude of the lady cop who every time and on all occasion had been showing her policing and police influence not only on her husband but also on other members of the family. It was alleged in the petition that she ultimately started demanding divorce from her husband saying that she cannot live in such backward Gaddi family and in a remote village. She, however, kept one option open that in case her husband wants to live separately with her, he can join her society on her conditions. The petitioner being the only son of his old parents not accepted the offer of his wife. A case u/s 11 and 13 of Hindu Marriage Act is pending disposal in the Court of District Judge Bhaderwah since July, 2007 while another petitioner under Guardians and Wards Act for the custody of minor is also pending in the Court since September, 2007. In October 2008 the lady cop on behalf of the minor child filed application for maintenance in which the petitioner No 3 is paying the interim maintenance of Rs 1000 per month.
The lady cop filed a case in the police station Bhaderwah where her other blood relations are also posted and an FIR was registered against husband, father-in-law and mother-in-law for demanding dowry which was denied by the petitioner seeking quashment of the FIR.
Justice Singh, after considering the facts of the case, issued notice to the respondents SHO P/S Bhaderwah and Saroj Bala and JNF
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