C482/508/2023
2023 Latest Caselaw 782 UK

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                                  C482 No. 508 of 2023
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Karan Anand, Advocate, for the applicants.

The argument of the learned counsel for the applicants is, that the marriage between the applicant No.1 and complainant/respondent stood solmenized on 9th May, 2018. As a consequence of the matrimonial relationship, a girl child was born, but later on, she, on her own, had left the matrimonial home.

It is further alleged, that the complainant was having an adulterous relationship and used to threaten the present applicant/husband for committing suicide.

It is alleged by the learned counsel for the applicants, that the proceedings under Section 9 of the Hindu Marriage Act, was drawn by him, much prior to the registration of the FIR in 2021, and ultimately, it stood decreed in his favour by the judgment dated 23rd September, 2022, with the finding recorded, that the notices were sent to the respondent and it was served. But despite service of notice, the respondent has not put in appearance. The said ex parte decree passed under Section 9 of the Hindu Marriage Act, is said to have attained finality, and it has not been put to challenge. Registration of the subsequent complaint on 29th November, 2021, is alleged to have a counterblast to the proceeding drawn under Section 9 of the Hindu Marriage Act.

Owing to the aforesaid set of allegation, let notices be issued to the respondent.

Steps would be taken by the present applicants within a period of one week from today.

List after service of notice on the respondent. Till the next date of listing, the summoning order dated 17.07.2022, passed in Criminal Complaint Case No.968 of 2021, Smt. Barkha Vs. Deepak and others, would be kept in abeyance.

(Sharad Kumar Sharma, J.) Dated 23.03.2023 Shiv