Court No. - 33
Case :- MATTERS UNDER ARTICLE 227 No. - 2532 of 2021 Petitioner :- Rajpal Singh Ahuja Respondent :- Gurpreet Kaur Counsel for Petitioner :- In Person
Hon'ble Ashwani Kumar Mishra,J.
Plaintiff respondent has instituted proceedings under Section 9 of the Hindu Marriage Act for restitution of conjugal rights alongwith which an application for maintenance and for custody has also been filed. The petitioner in the present proceeding is the husband who is arrayed as defendant in the suit. It appears that instead of filing a written statement and denying the allegation made in the proceedings instituted by the wife an objection under Order 7 Rule 11 appears to have been filed on various factual grounds including the ground that the plaintiff is not the legally wedded wife and is actually the wife of someone else. The Family Court vide order dated 10.5.2019 has rejected application of the husband on the ground that factual inquiry which would be required for determining the questions raised by the petitioner can be undertaken only by filing his written statement and cannot be examined under Order 7 Rule 11 of C.P.C. A review petition thereafter has also been filed which has been rejected. Subsequent order allowing visitation rights have also been challenged in the present proceedings under Article 227.
I have heard the petitioner in person and perused the material placed on records.
Upon being pointed out that the petitioner has a remedy of filing appeal against the main order in terms of Section 19 of the Family Courts Act, 1984, the petitioner in person comes up with the prayer to withdraw this petition with liberty to file an appeal before the appropriate forum.
Prayer in that regard is allowed.
This petition, accordingly, is consigned to records with the liberty reserved to the petitioner to pursue his remedy in accordance with law against the order impugned. Certified copy of the orders annexed with this petition shall be returned by the Registry to the petitioner while retaining its photocopy on record.
Order Date :- 6.5.2021 Ranjeet Sahu