DEEPAK SHUKLA Vs. SAVITRI

JUDGEMENT

(1.) THIS is an application for modification/review of the order dated 29. 9. 1995 passed in Misc. Civil Case No. 280/95 under Section 24 of the Hindis Marriage Act, 1955 whereby Civil Suit No. 83-A/94 pending in the Court of Third Additional District Judge, Bhopal was transferred to the Court of First Additional District Judge at Katni at the instance of the non-applicant/wife in absence of the Counsel of the applicant/husband.

(2.) IT appears that the non-applicant is legally wedded wife of the applicant, but the marriage between them has broken. The non-applicant/wife has moved an application under Section 9 of the Hindu Marriage Act, 1955 against the applicant/ husband for restitution of conjugal rights and same is pending in the Court of First Additional District Judge at Katni. Mr. Mahendra Kumar Chanpuriya, Advocate- father of the non-applicant has also filed Civil Suit No. 303-A/94 for permanent injunction for restraining the applicant/husband from re-marrying.

(3.) THE grievance of the applicant is that he is not getting any lawyer to represent him at Katni as his wife/non-applicant is the daughter of Mr. Mahendra Kumar Chanpuriya an Advocate of Katni. On one occasion he visited the Katni Court alongwith Mr. Rajendra Shukla, Counsel of Bhopal to defend him, but he was assaulted for which Counsel was provided police protection by the Court.