K.S.GAREWAL, J. - (1.) THIS application for leave to appeal against acquittal has been filed by Kulwant Kaur to challenge the acquittal of Prem Nath of Ludhiana by the learned Additional Chief Judicial Magistrate, Chandigarh vide judgment dated September 23, 2002 for offence under Section 493 IPC.
(2.) KULWANT Kaur @ Preeti, an Advocate of some standing and a member of the District Bar Association, Chandigarh has a curious tale to tell. When she was a young impressionable lass of 15 summers she was seduced by Prem Nath and was deceitfully induced to believe that she was lawfully married to Prem Nath. Under this belief she lived with Prem Nath and bore two children, son Ramandeep on November 10, 1977 and daughter Pooja Deep on November 9, 1985. Prem Nath was the father of her two children and in the entries of their birth, the children had been recorded as son and daughter of Prem Nath. According to Kulwant Kaur she had joined Prem Nath's firm known as Metal Fabrics India Private Ltd., Ludhiana. Prem Nath misled her into believing that all the requirements of marriage had been met and they started living and cohabiting together. She was given the assurance that she and her children would be treated as Prem Nath's legal heirs but Prem Nath had gone back on his word and denied them legal rights. He discontinued visiting her at Chandigarh and banned her entry and the entry of her children in the Ludhiana house.
(3.) PREM Nath filed written statement dated November 13, 1997 in case entitled Ramandeep v. Prem Nath and others before Senior Sub Judge, Chandigarh in which he stated that he was a married man, his wife Nirmala Devi was alive and living at the Mall Ludhiana. He further stated that he did have a love affair with Kulwant Kaur. The two children who were born to Kulwant Kaur were the result of this affair. The children were the plaintiff Raman Deep and Pooja Deep.;