TAJINDAR PAL SINGH Vs. RAMANDEEP KAUR

JUDGEMENT

(1.) The present C482 Application has been preferred by the applicant/husband, wherein, he has put a challenge to the order dtd. 4/2/2020, as it has been passed by the court of Additional Chief Judicial Magistrate, Khatima, District Udham Singh Nagar, in a Criminal Complaint Case No.1401 of 2019, 'Ramandeep Kaur Vs. Tajindar Pal Singh', which stood instituted on the complaint which was preferred by the respondent no.2, under Sec. 498-A, 323, 504, 506 of IPC, as well as under Sec. 3/4 of the Dowry Prohibition Act.

(2.) Learned counsel for the applicant, has argued that the marriage between the applicant and the respondent no.2, stood solemnized, but it could not be sustained for a long time, which ultimately later resulted into venturing into the various litigations, including the proceedings under Sec. 9 of the Hindu Marriage Act.

(3.) He further contends, that in the proceedings under Sec. 9 of the Hindu Marriage Act, which was being considered by the court of Judge, Family Court, Pilibhit, the opposite party had already appeared in the case, and had participated in the proceedings of Sec. 9 of the Hindu Marriage Act, but still had not complied with the aforesaid directions, which was given there under. In fact, on account of not being satisfied with the proceedings under Sec. 9 of the Hindu Marriage Act, to join and discharge the matrimonial obligations, it is an admitted case of the applicant that Suit No.06 of 2020, 'Tajindar Pal Singh Vs. Ramandeep Kaur', has been instituted under Sec. 13 (1) (ia) of the Hindu Marriage Act, before the court of District Judgeship of Pilibhit, and in relation to which, he has filed a question and answers, showing that the aforesaid proceedings under Sec. 13 of the Hindu Marriage Act, are still pending consideration.