TRILOCHAN SINGH Vs. KULJIT KAUR AND TWO ORS

JUDGEMENT

(1.) This revision is directed against the order dated 15.5.1990 passed by the Chief Judge, Family Court, Kanpur City, by which the family Court has passed orders under Section 94 of the Code of Civil Procedure read with Section 151 and directed Air Marshal, Head Quarters, Air Force Building, New Delhi, not to pay the provident fund and gratuity and pension etc. payable to the applicant, Trilochan Singh who was retiring on 23.5.1990. Against the said order, the present revision has been filed. This Court was pleased to direct the applicant to serve the respondents, Respondent No. 1 is represented by Sri K.K. Tripathi.

(2.) I have heard the learned Counsel for the applicant. List has been revised. Learned Counsel for the opposite parties Sri K.K. Tripathi is not present In the Court.

(3.) A ex-parte decree for divorce was passed by the family Court on the application of the applicant, Sardar Trilochan Singh, decreeing the dirvorce case against Smt. Kuljeet Kaur. Restoration application against the ex-parte decree was filed by Smt. Kaur which is pending and has not been restored to its original number. In the mean time, it appears that an application was moved by Smt. Kuljeet Kaur, respondent No. 1, before the Family Court for an order that the Air Marshal, Head Quarters, New Delhi, respondent No. 2 in this revision, be restrained from paying the pension, provident fund and other amount payable to the applicant after his retirement. The allegation of the opposite party No. 1 was that after the retirement, the applicant is likely to move out of the jurisdiction of the Family Court, Kanpur. Therefore, in view of circumstances, it will be very difficult for her to get any decree executed against him. In the circumstances, interim direction was issued by the Family Court at Kanpur.