Allahabad High Court High Court

Bharat Somani And Others vs State Of U.P. And Another on 26 July, 2010

Allahabad High Court
Bharat Somani And Others vs State Of U.P. And Another on 26 July, 2010
Court No. - 54

Case :- APPLICATION U/S 482 No. - 25566 of 2009

Petitioner :- Bharat Somani And Others
Respondent :- State Of U.P. And Another
Petitioner Counsel :- L.M. Singh,M.R. Singh
Respondent Counsel :- Govt. Advocate,P.S.Yadav,Veena Singh

Hon'ble Vinod Prasad,J.

The case is fixed for today. When it was called in the revised list,
Sri P. S. Yadav, learned counsel for the respondent no. 2, Smt.
Vaishali Somani made a statement that Smt. Vaishali Somani is
not responding. The order sheet indicate that it was a dispute
between husband and wife and efforts was made for reunion.
Since, reunion was impossible and under the terms of oral
agreement between the spouses elder son was directed to live with
the mother in his vacation and younger son was also directed to
live with the father in his vacation as their vacation in State of
Assam and Uttar Pradesh, where the two sons are living with the
father and mother are falls on different periods. Both the parties
were directed to withdraw all the cases which they have instituted
against each other. The parties were also required to file an
affidavit with full details of oral agreement arrived between them
before this Court.

Sri L.M. Singh, learned counsel for the applicants made a
statement that his client husband has withdrawn all the
proceedings and he has filed an affidavit also to that effect.

As stated above, Sri Yadav made a statement that Smt. Vaishali
Somani, respondent no. 2 is not responding, in such a view, I
admit this Criminal Misc. Application and stay further proceedings
of Complaint Case No. 8399 of 2009, under Section 12 of the
Domestic Violence Act, Police Station-Swaroop Nagar, District-
Kanpur Nagar pending in the Court of A.C.M.M.-I, Kanpur Nagar
till further orders.

Order Date :- 26.7.2010
Sharad