Delhi High Court
Pallavi Bhatt vs Union Of India & Ors. on 20 January, 2015
Author: Rajiv Shakdher
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 30/2015
PALLAVI BHATT ..... Petitioner
Through: Mr Sanjay Sharma, Adv.
versus
UNION OF INDIA & ORS ..... Respondents
Through: Mr Bhagvan Swarup Shukla, CGSC with
Mr Vinod Kumar Tiwari, Adv.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
ORDER
% 20.01.2015
CM No. 1017/2015 (restoration)
1. Issue notice.
2. Mr Bhagvan Swarup Shukla accepts notice on behalf of respondent
nos. 1 to 3. He waives service of notice. He says that he does not wish to
file a reply to the captioned application.
3. This is an application seeking restoration of the writ petition which
was dismissed for non-prosecution on 05.01.2015. It is averred that due to
an emergent situation arising in the counsel's parental home, he had to leave
town, and therefore, was unable to attend the case. The application is
accompanied by an affidavit of the advocate, Mr Sanjay Sharma.
4. For the reasons given therein, the application is allowed. The order
dated 05.01.2015, is recalled. The petition is restored to its original position
and number.
WP(C) 30/2015
5. Issue notice.
6. Mr Bhagvan Swarup Shukla accepts notice on behalf of respondent
nos. 1 to 3. He waives service of notice. In view of the order that I propose
to pass, he does not wish to file a reply to the captioned petition.
7. The short grievance of the petitioner is that respondent no.5, who is
the husband of the petitioner, has withheld the information with regard to his
permanent address and the status of marriage. The petitioner has, in this
regard, filed a complaint dated 16.09.2014 with the Secretary, Ministry of
External Affairs, Government of India, New Delhi. The petitioner seeks
disposal of the said complaint.
8. It may only be noted, that it is not disputed by the counsel for the
petitioner that the marital relationship between the petitioner and respondent
no.5, has turned sour. It appears that the petitioner has also lodged a police
complaint against respondent no.5, on 24.07.2014, under Section 498A, 324,
406 of the Indian Penal Code, 1860, and under Section 3 and 4 of the Dowry
Prohibition Act, 1961. I am informed that the investigation, in respect of the
said complaint, is pending.
9. In the aforesaid circumstances, the official respondents are directed to
dispose of the complaint dated 16.09.2014. However, while doing so, they
will bear in mind the fact that marital relationship between the petitioner and
respondent no.5 stands disrupted. Therefore, if the anomalies pointed out by
the petitioner in her representation are otherwise curable, opportunity in that
behalf will be given to respondent no.5; albeit after due satisfaction. In case,
any information is required in that behalf, the official respondents will be
free to call upon the party concerned by way of a written notice .
However, no order will be passed against respondent no.5, without
appropriate opportunity being given to him of being heard in the matter.
The decision taken, will be duly communicated to both the petitioner, as
also, respondent no.5.
10. The writ petition is, accordingly, disposed of.
11. The registry will dispatch a copy of this order to respondent no.5,
without insistence on process fee.
RAJIV SHAKDHER, J
JANUARY 20, 2015
kk
