AMIT SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) By means of the present petition, the petitioner is praying for quashing and stay of divorce suit proceeding, U/s-13 of H.M. Act, Regular Suit No. 337 of 2017, pending before Principal Judge-4, Family Court, Lucknow (Smt. Yogita Singh versus Amit Singh).

(2.) Brief fact of the case is that marriage of petitioner was solemnized with Opposite Party No. 2 on 24/5/2014 as per Hindu rites and rituals. The petitioner was in London, England in respect of the service with regards to the job and also took her (Opposite Party No. 2) with him to London Cityland. On 5/7/2015, the Opposite Party No. 2 instituted frivolous complaint of domestic violence against the petitioner in London in order to create false grounds of divorce. When the petitioner was in police custody, opposite party no.2 immediately ran away with valuable items, cash and jewellery of the petitioner from London to her parental home at Kanpur. On coming back to India, Opposite Party No. 2 lodged the F.I.R. on 22/7/2015 as Crime No. 28 of 2015, U/s- 498-A, 323, 406, 504, 506 I.P.C. and 3/4 D.P. Act against the petitioner and other family members. All the accused persons in the said Crime No. 28 of 2015 were granted bail and the petitioner was granted interim bail on 7/11/2015, then, the Opposite Party No. 2 filed a false Criminal Complaint No. 4216 of 2015, U/s- 323, 504, 506 I.P.C. creating a false ground of assault to her at the Court premises at Kanpur, which was challenged by the petitioner and other family members before this Court at Allahabad and this Court at Allahabad quashed the proceedings against all family members of the petitioner. But the proceeding against the petitioner is continuing before the court of magistrate at the stage of Sec. 244 CrPC. Thereafter the Opposite Party No. 2 filed a case/complaint U/s-12 of Domestic Violence Act on 1/3/16 at Kanpur, copy of which is yet to be provided to the petitioner. Thereafter the Opposite Party No. 2 also filed a Criminal Complaint U/s-138 of N.I. Act on 26/4/2016 for dishonour of cheque which was obtained by the father of the Opposite Party No.2 from the father of the petitioner in his absence by exercising undue influence and coercion. The proceeding has been stayed by this Court vide order dtd. 4/9/2018.

(3.) The present case/suit filed by Opposite Party no.2 before the Family Court at Lucknow U/s 13 of H.M. Act on 17/3/2017, the petitioner filed preliminary objection under Order 7 Rule 11 of C.P.C. challenging Lucknow as the jurisdiction of the present divorce suit filed by the Opposite Party No. 2 herself in which she claimed to be a resident of Kanpur and all those cases are running in Kanpur, which was rejected by this Court vide order dtd. 13/12/2018. In the present case of divorce proceeding, the petitioner filed an application for stay the proceeding and awaiting the result of Complaint Case No. 4216 of 2015 filed by the Opposite Party No. 2 and the said case is at the stage of recording evidence U/s- 244 Cr. P. C., but she did not appear there, and is avoiding the process of Court. Thereafter, the petitioner moved an application before the Family Court Lucknow stating therein that till all the prosecution evidences of Opposite Party No. 2 in her Complaint Case No. 4216 of 2015, U/s-323, 504, 506 I.P.C. is not completed, the petitioner may not be forced to file his Written Statement in the present divorce suit matter, otherwise his defence would be disclosed and the petitioner's right to silence guaranteed by the Constitution of India in Article 20 (3) and a fair trial guaranteed under Article-21 will both stand violated causing his gross miscarriage of justice. But the family court, Lucknow rejected the prayer of the petitioner vide order dtd. 1/2/2021.