Court No. - 29
Case :- WRIT - C No. - 2117 of 2019 Petitioner :- Chandra Gupta Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Bijai Prakash Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Rohit Ranjan Agarwal,J.
Petitioner has filed this petition with a very peculiar prayer not to allow respondent No.4 to marry respondent No.5 on 22.01.2019 as respondent No.4 is her husband and he has obtained an ex parte decree of divorce mischievously. The petitioner has applied for setting aside of the said ex parte decree, wherein the Court vide order dated 19.01.2019 has already restrained the respondent No.4 from entering into a second marriage.
The petitioner has also filed another suit restraining the respondent No.4 from re-marrying.
In view of the aforesaid facts as the dispute regarding the marriage of the petitioner with respondent No.4 is drawing the attention of the courts below, more particularly, when a restrained order has already been passed, as alleged, we feel that this writ petition is nothing but misuse of the process of the Court.
Learned counsel for the petitioner submits that the petition was filed before the restrain order was passed by the Family Court and, therefore, it may be treated as infructuous.
In view of the above, petition is dismissed as infructuous.
Order Date :- 29.1.2019