Court No. - 28 Case :- U/S 482/378/407 No. - 4971 of 2009 Petitioner :- Surendra Kumar & 7 Ors, Respondent :- State Of U.P. & Another Petitioner Counsel :- Santosh Kumar Pandey Respondent Counsel :- Govt. Advocate Hon'ble Alok K. Singh,J.
Supplementary affidavit filed today is taken on record.
Learned A.G.A. has put in appearance on behalf of the State.
Issue notice to opposite party no. 2 returnable at an early date.
List immedidately thereafter. Steps be taken within seven days through
registered post, failing which the interim order which is being passed herein
below shall come to an end.
Learned counsel for the petitioners submits that unfortunate husband had to
file a divorce petition, notice whereof was served upon the opposite party no.
2 on 22.12.2008 and a Vakalatnama was also filed on her behalf on
19.11.2009, as averred in paragraph 4 of the supplementary affidavit filed
today. It is said that in retaliation thereof the application under Section 156 (3)
Cr.P.C. has been filed making false allegations with ulterior motive. It was
filed on 27.01.2009 i.e. after service of the notice of the aforesaid divorce suit.
It appears to be an arguable case.
In view of the facts and circumstances, till the pendency of this petition,
proceedings of the Case No. 602 of 2009 (Smt. Ranjana Devi Vs. Surendra
Kumar and others), pending in the Court of learned Addl. Civil Judge (Junior
Division), Court No. 24, Pratapgarh, shall remain stayed.
Order Date :- 7.1.2010
ML/-