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The Hindu Marriage Act, 1955
Section 24 in The Hindu Marriage Act, 1955
Section 19 in The Hindu Marriage Act, 1955
Section 9 in The Hindu Marriage Act, 1955

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Allahabad High Court
Dileep Kumar Verma vs District Judge Lakhimpur Kheri ... on 22 July, 2010

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/-