SWAPNIL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition has been instituted on the basis of a letter sent by one Swapnil to the Hon ble the Chief Justice. In the said letter, it was stated that Swapnil was married with one Arbind Kumar on 7th December, 1986, against her own, wishes. After the marriage, she conceived and a child was born within ten months of the marriage. But she was Sayeeda Khatoon Versus Bibi Sayeeda Tahira Nahid not being treated properly by her inlaws. Realising her situation, she decided to continue her studies and got admission in BIT Mesra. But soon after her admission, her husband Arbind Kumar went to BIT, Mesra, and threatened the Vice Chancellor of withdrawing her candidature. He also threatened to ruin her and her family members and as such, a prayer was made in the said letter to give her protection so that she may continue her studies in BIT, Mesra.

(2.) BY order dated 18.5.1999, protection was given to the petitioner. Subsequently, IA 916 of 2000 was filed on 16.10.2000 for extending the protection provided by this Court. In paragraph 9 of this I.A. it was stated that further proceeding of Matrimonial suit No. 193 of 1998 pending before the Principal Judge, Family Court, Patna be stayed till the disposal of the writ petition, alternatively, at least the proceeding of the aforesaid suit be stayed till the completion of the studies of the petitioner i.e. till June, 2001.

(3.) THUS , on a slip filed by the learned counsel for respondent -husband, namely, Arbind Kumar, this case has been listed today. It has been stated by the learned counsel for the respondent -husband that the petitioner has ready completed her studies before BIT, Mesra, and she had asked for protection only till June, 2001. No other petition has been filed on her behalf for extending the period of protection. It has also been pointed out that the petitioner had filed a petition before the Principal Judge, Family Court for stay of the proceeding and the said petition was rejected. Thereafter, she filed CWJC No. 2321 of 2001 in which the proceeding in the said matrimonial case has been stayed. Learned counsel for the respondent -husband also pointed out that the respondent Arbind Kumar is a Captain in a ship and he has come from Australia to depose in the case but the petitioner -wife is evading to appear in the matrimonial case.