Court No. - 21
Case :- MATTERS UNDER ARTICLE 227 No. - 5933 of 2018 Petitioner :- Baghel Singh Respondent :- State Of U.P. And Another Counsel for Petitioner :- Vijai Kumar Rai Counsel for Respondent :- G.A.
Hon'ble Chandra Dhari Singh,J.
The instant writ petition under Article 227 of the Constitution of India has been filed seeking direction to the ACJM Court No.4, Moradabad to decide application dated 27.03.2018 filed by the petitioner in Case No. 684 of 2014 (CNR No. UPMO-04-003224-2014), P.S. Kotwali, District Moradabad under section 12 of the Protection of Women from Domestic Violence Act, 2005, pending in the court of ACJM Court No.4, Moradabad.
Learned counsel for the petitioner contended that the marriage of petitioner was solemnized with respondent no.2 on 19.09.2010 as per the Sikh Religion in Jalandhar (Punjab) and from their wedlock one male child Avtej Singh was born on 29.08.2011. He further contended that after sometimes of the marriage the petitioner and his family members started demanding more dowry and on non fulfilment of additional demand the respondent no.2 was tortured by the petitioner and his family members and in this regard a report was lodged on 30.08.2013 vide DDR No. 29 and 30 at P.S. Division-II, Jalandhar (Punjab) against the petitioner and his family members. He further contended that on 04.09.2013 the matter was compromised between the parties outside the court at Jalandhar Police Station but the respondent no.2 did not accept the said compromise and she returned back to her Mayka at District Moradabad.
Further contention of learned counsel for the petitioner is that in DDR No. 29 and 30 dated 30.08.2013 after investigation the police of P.S. Jalandhar submitted final report on 01.10.2014 and the respondent no.2 in respect of the same incident on 16.07.2014 lodged a first information report against the petitioner and his other family members which was registered vide crime no.164 of 2014, under sections 498-A, 323, 324, 504, 506 IPC and 3/4 D.P. Act, at P.S. Mahila Thana, District Moradabad. After investigation charge-sheet has been submitted only against the petitioner and again the respondent no.2 filed Case 684 of 2014 (CNR No. UPMO-04-003224-2014), P.S. Kotwali, District Moradabad under section 12 of the Protection of Women from Domestic Violence Act, 2005 and in the said interim order dated 10.09.2015 was passed directing the petitioner to pay Rs.3,500/- per month as interim maintenance to the respondent no.2. Aggrieved by order dated 10.09.2015 petitioner filed Criminal Revision No.
2231 of 2016 before this Court and this Court vide order dated 16.08.2016 modified the interim maintenance order dated 10.09.2015 and directed the petitioner to pay Rs.2000/- per month to the respondent no.2 and accordingly the petitioner is making payment to the respondent no.2 regularly month to month.
It is further contended that the petitioner is still willing and ready to keep the respondent no.2 and her child with him and therefore, petitioner filed suit for restitution of conjugal rights under section 9 of the Hindu Marriage Act and in counterblast the respondent no.2 has filed divorce petition no. 60 of 2016 before the Principal Judge, Family Court and both the proceedings are pending before the court concerned.
Learned Additional Government Advocate appearing on behalf of the State opposed the contentions raised on behalf of the petitioner.
In view of the facts and circumstances stated herein above, this petition is disposed of with direction to the court below/ ACJM, Court No.4, Moradabad to decide application dated 27.03.2018 filed by the petitioner in Case No. 684 of 2014 (CNR No. UPMO-04-003224-2014), P.S. Kotwali, District Moradabad under section 12 of the Protection of Women from Domestic Violence Act, 2005, expeditiously, preferably within a period of sixty days from the date a certified copy of this order is produced before it.
Order Date :- 21.8.2018 Prajapati