Court No. - 29
Case :- WRIT - C No. - 41593 of 2019 Petitioner :- Ram Khelawan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Kumar Singh,R.K. Singh. Rajput Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.
There is a dispute of the petitioner who is a police constable with his wife (respondent No.3). In that regard, a Divorce Petition No. 541 of 2017 under Section 13 of the Hindu Marriage Act, 1955 is pending in the Family Court at Ghazipur whereas proceedings under Section 125 Cr.P.C. have been compromised and the suit alleged to have been filed under Section 9 of the Act has been withdrawn.
In the above background, the petitioner has filed this petition seeking a direction upon the respondent No.2 Superintendent of Police, Deoria not to take any action against him till the divorce proceedings are decided.
It appears that on account of matrimonial dispute, the wife had made some complaint against the petitioner to the police authorities and it is for this reason that the petitioner wants that no action on the said complaint be taken against him by the higher police authorities.
It is for the police authorities to consider the complaint which has been made by the respondent No.3 and to take appropriate action against the petitioner, if necessary. The said action cannot be installed simply because a divorce petition is pending consideration.
In view of the aforesaid facts and circumstances, we do not deem it necessary to issue any direction to the respondent No.2 as claimed by the petitioner rather we dispose off the writ petition expecting the Family Court, Ghazipur to proceed and decide the aforesaid divorce suit in accordance with law most expeditiously by fixing short dates and curtailing all unnecessary adjournments and in case any adjournment becomes inevitable, not to allow it without imposing cost of at least Rs. 500/- per adjournment.
The writ petition stands disposed off accordingly.
Order Date :- 20.12.2019 Nirmal Sinha