Dr. Babita Goyal vs Pavan Kumar Goyal
2021 Latest Caselaw 7101 MP

                                                                           1                                  MCC-801-2011
                                               The High Court Of Madhya Pradesh
                                                        MCC No. 801 of 2011
                                                             (DR. BABITA GOYAL Vs PAVAN KUMAR GOYAL)

                                       17
                                       Jabalpur, Dated : 08-11-2021
                                             Shri R.K. Khare, counsel for the petitioner.
                                             None for the respondent.

Heard on I.A. No.7282/2021, an application for staying the further proceedings in Case No.R.C.S.H.M.67/2010, pending before the Family Court, Sagar.

It is pointed out that this Court vide its order dated 20.06.2011 has granted interim relief to the petitioner and stayed the further proceedings of C.S. No.67 A/2010 pending before Family Court, Sagar. He has further drawn attention of this Court to the order dated 27.02.2017; wherein, this Court has observed as under:-

"In compliance to the order dated 6/12/2016, counsel for the applicant submits that the proceedings of the civil suit no. 19- A/2010 filed by her before the District Judge, Ashoknagar has been stayed by the Bench at Gwalior in case no. 22/2011 filed by the respondent. In the present case also, the

proceedings of the civil suit filed by the respondent at Sagar has been stayed.

The present case is filed u/s 24 of the CPC for transfer of matrimonial matter from Sagar to Ashoknagar.

Considering the aforesaid peculiar situation, let SP C be issued to the respondent to appear before this Court on 30th of March, 2017.

List on 30th of March, 2017."

It is argued that despite several efforts being made to serve the respondents, nobody is appearing on behalf of the respondent before this Court. The trial Court has started proceedings in the matter considering the judgment passed by the Supreme Court in the case of Asian Resurfacing of Road Agency P.Ltd. and another Vs. Central Bureau of Investigation reported in (2018) 16 SCC 299. It is pointed out that the next date of

Signature Not Verified SAN hearing before the trial Court is tomorrow i.e. 09.11.2021. In such

Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 2021.11.09 18:06:46 IST 2 MCC-801-2011 circumstances, prayed for continuation of interim relief, which was granted in the year 2011.

Considering the overall facts and circumstances of the case and the fact that the interim relief was granted to the petitioner in the year 2011, the same is directed to be continued till the next date of hearing. It is observed that the further proceedings of R.C.S.H.M. No.67/2010, pending before the

Family Court, Sagar are directed to be stayed till the next date of hearing.

List the matter in the week commencing 22 nd November, 2021 for final disposal of the case.

Certified copy as per rules.

(VISHAL MISHRA) JUDGE

taj

Signature Not Verified SAN

Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 2021.11.09 18:06:46 IST