Court No. - 10
Case :- WRIT - C No. - 36924 of 2018 Petitioner :- Bhagwan Dei And Another Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Rahul Saxena Counsel for Respondent :- C.S.C.,Babita Upadhyay,Sanjeev Kumar Gaur,Tariq Maqbool Khan
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Rahul Saxena, learned counsel for the petitioners; Shri Sanjay Kumar Singh, learned counsel for the State respondents and Ms. Babita Upadhyay, learned counsel for the first wife of petitioner no.2.
By means of present writ petition, the petitioners have prayed for direction in the nature of mandamus directing the respondents not to interfere in their peaceful matrimonial life.
The present matter was taken up on 12.11.2018 and on the said date, the Court had proceeded to pass following order:-
"This petition is dismissed with cost of Rs.50,000/- for misleading the Court by stating that this is the first marriage whereas firs wife namely Preeti Rani is present before this Court.
A week's time is granted to the first wife who is present in the Court to prove the sanctity of first marriage by filing cogent evidence.
List at 2.00 p.m. today.
The order of cost and dismissal, at this stage is stayed, however, if it is proved that the first marriage has not been dissolved or have taken place, the petition and the petitioner will face serious consequence."
Thereafter, the matter was again listed on 12.11.2018 and the Court had directed to the petitioners to remain present on the next date fixed in the matter i.e. 26.11.2018. In compliance of the aforesaid order, both the petitioners are not present before this Court.
On the matter being taken up today, Ms. Babita Upadhyay, learned counsel appearing for the first wife of petitioner no.2 namely Preeti Rani has raised objection regarding maintainability of the writ petition on the ground that the second petitioner has already married with Smt. Preeti Rani and once in pursuance of the aforesaid order the first wife of petitioner no.2 is present before this Court but surprisingly both the petitioners are not present before this Court.
Learned counsel for the petitioners is unable to give any satisfactory reply regarding absence of the petitioners.
In the facts and circumstances, no relief can be extended to the petitioners under Article 226 of Constitution of India, once disputed question of facts are involved in the matter.
Consequently, the writ petition is dismissed.
Order Date :- 26.11.2018 RKP