S.K.AGARWAL, J. - (1.) HEARD learned Counsel fur the applicants and learned A.G.A. I have perused the annexures filed along with the affidavit filed in support on the application as well as counter-affidavit and the judgment delivered by Civil Judge Senior Division, Chitrakoot against the applicant Krishna Mohan in a suit filed by him seeking divorce under Section 13 of the Hindu Marriage Act from the daughter of respondent No. 2.
(2.) THE allegations in the first infor­mation report are that the bride after the marriage is solemnised is not sent to the bridegroom's house according to custom prevalent in their society. She is sent there after gouna ceremony is performed. After some days of the marriage the informant has learnt through Mohan Lal and Diwanpal residents of Bhawanipur that her hus­band and father-in-law are demanding a sum of Rs. 50, 0007- as price for performing ihegauna ceremony. On the failure of the informant to do so the applicants had declined to perform this second marriage ceremony and take his daughter to their house. When the informant along with his villagemen visited their house the demand of Rs. 50, 000/- was repeated and they were turned out of their house by the applicants after abusing them. On 22-3-1998 the in­formant conducted a Panchayat of his community at Chitrakoot. The applicants were summoned there by the Panchayat and their conduct was condemned by the Panchayat. On 5-9-1998 these persons visited the village of the informant, they stayed at teh outskirts of the village and sent for the informant. When the inform­ant along with some villagers reached there he was abused and he was told by the applicants that what have you gained by conducting Panchayat and unless the claimed price for performing gauna ceremony is paid they are not taking his daughter to their house. They had also threatened to eliminate the entire family. These are the allegations made in the first information report. A perusal of the plaint filed by applicant No. 3 Krishna Mohan claiming divorce from his wife clearly shows that he had no sense of decency. Wild allegation of his wife having carried in her womb a child without performance of gauna ceremony was levelled against her. It was further stated that she had undergone the process of abortion. She was also, according to paragraph 7, underwent a virginity test and the test proved for leading an immoral life. On these allegations he had sought divorce from his wife. Annexure-1 to the counter-affidavit is the judgment delivered by Civil Court, Senior Division, Chitrakoot against the applicant Krishna Mohan. Following issues were framed in the suit against the applicant. First issue was whether the girl shown in marriage was one and the same, the photograph of which was made available to the father of applicant No. 3. The second issue is whether Sushila Devi was carrying a child in her womb before the marriage. The third issue was whether Sushila Devi is a woman of easy virtue. The fourth issue was with regard to the relief to which the ap­plicant was entitled if any. So far as issue Nos. 1, 2 and 3 are concerned they were answered in the negative by the Civil Court. These finding of the Civil Court will operate as conclusive proof of these facts and allegations in a criminal proceeding. In the absence of this proof it is impossible for this Court to hold that proceedings, quashing of which has been sought by the applicants through this petition, are either mala fide or an abuse of process of the Court to coerce the applicants. The allegations made in the first information report were found true. On the basis of investigation and the evidence collected by the police charge-sheet ultimately was submitted against the applicants. In these circumstances I find no ground to accept the contention of the learned Counsel for the applicants that this proceeding was mala fide or abuse of process of the Court. The application is accordingly dis­missed. Application dismissed.;