NISHANT PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) SMT. Sunita Pandey opposite party No. 2 is the wife of petitioner No. 1 Nishant Pandey. Petitioners No. 2 and 3 are father-in-law and mother-in-law of SMT. Sunita Pandey. SMT. Sunita Pandey and Nishant Pandey were married on 21.1.1992 at Lucknow in accordance with Hindu Rites. At that time, Nishant Pandey was working in the Merchant Navy and, therefore, he used to remain mostly on the High Seas during the better part of the year. During this time SMT. Sunita Pandey was putting up with her-in-laws who are also residents of Lucknow. Sri. M. P. B. Tripathi, the father of SMT. Sunita Pandey is residing at Lucknow. He is a retired Commissioned Officer of the Army.

(2.) ON 25.3.1994, Nishant Pandey had filed a case for restitution of conjugal rights in family court at Lucknow against Smt. Sunita Pandey under Section 9 of the Hindu Marriage Act which continued for about two years without decision and ultimately Nishant Pandey withdrew the said case. Sometime in the year 1996, he filed a petition for divorce under Section 13 of the Hindu Marriage Act which is pending now before the family court at Lucknow.

(3.) ON 22.3.1994, father of the complainant lodged an F. I. R, under Section 498A, I. P. C. against the petitioners alleging that on 20.3.1994 petitioner No. 1 Nishant Pandey and his brothers came to his house along with their cousin sisters, abused inmates of the house, threatened the complainant and her father with dire consequences and asked for Maruti Car in dowry.