Court No. - 24 Case :- MISC. SINGLE No. - 81 of 2010 Petitioner :- Dileep Kumar Verma Respondent :- District Judge Lakhimpur Kheri And Ors. Petitioner Counsel :- Aditya Tewari Respondent Counsel :- C.S.C,Vijay Kumar Hon'ble Rajiv Sharma,J.
Learned Counsel for the petitioner submits that opposite party No.3-
Smt. Kavita Verma, who is a practicing Advocate at District Court, Kheri,
is the wife of petitioner. In the year 2006, the opposite party No.3-Smt.
Kavita Verma left petitioner’s home and inspite of his best efforts,
opposite party No.3 did not come to his house and as such, the
petitioner has filed a suit, which was registered as Suit No. 349 of 2007
under Section 19 of the Hindu Marriage Act for restitution of conjugal
rights, before the Civil Judge (Senior Division), Kheri. He submits that
as and when the suit filed under Section 19 of Hindu Marriage Act for
restitution of conjugal rights was listed before the Court below, she
used to avoid the proceedings initiated under Section 9 for restitution of
conjugal rights, on one hand and on the other hand, she filed an
application under Section 24 of the Act for maintenance, in which, the
Court below, vide order dated 16.4.2009, allowed the maintenance in
favour of the opposite party No.3. Feeling aggrieved, the petitioner has
filed a revision, which was dismissed by the Court below by the order
dated 14.9.2009. Hence the instant writ petition.
This Court, vide order dated 19.1.2010, issued notice to the opposite
party No.3 and liberty was given to the learned Counsel for the
petitioner to serve notice to the opposite party No.3 outside the Court.
In compliance thereof, learned Counsel for the petitioner has filed an
affidavit of service, wherein in para 3, it has been stated that the dasti
notice has been served upon the opposite party No.3 out of Court at
Lakhimpur Kheri on 23.1.2010.
On perusal of the records, it reflects that Sri Vijay Kumar, Advocate, has
filed his power on behalf of opposite party No.3 on 2.2.2010 in the
Registry of this Court. The name of Sri Vijay Kumar, learned Counsel
for the opposite party No.3 has also been shown in the cause list but
neither he is present nor there is any request for pass over or
adjournment of the case.
Learned Counsel for the petitioner submits that on one hand, counsel
for the opposite party No.3 did not turn up before this Court and on the
other hand, opposite party No.3, who is a practicing Advocate in District
Kheri, tried to execute the orders passed by the Court below.
Let Chief Judicial Magistrate, Lakhimpur Kheri be ensured the presence
of opposite party No.3-Smt. Kavita Verma, wife of Dileep Kumar Verma,
daughter of Manohar Lal Verma, resident of Mohalla Gangotri Nagar,
Near Naurangabad City, Lakhimpur Kheri, on 4.8.2010, at 10.15 A.M.
before this Court.
List the matter on 4.8.2010.
Till the next date of listing, the execution of the order dated 18.4.2009
passed by the Civil Judge (Senior Division), Lakhimpur Kheri in Case
No. 358/08 under Section 24 of the Hindu Marriage Act and the order
dated 14.9.2009 passed by the District Judge, Lakhimpur Kheri in
Revision No. 17/09 as contained in Annexure Nos. 1 and 2,
respectively, to the writ petition, shall be kept in abeyance.
Registry is directed to send a copy of this order to the Chief Judicial
Magistrate, Lakhimpur Kheri, for compliance of this order through FAX
as well as registered post.
Order Date :- 22.7.2010
Ajit/-