RAJESH BINDAL, MANMOHAN
Neha Lal – Appellant
Versus
Abhishek Kumar – Respondent
Certainly. Here are the key points derived from the provided legal document:
The petition was filed by the wife seeking to transfer a criminal application related to perjury from one Family Court to another, citing difficulties in traveling and ongoing litigation issues (!) .
Both parties are involved in multiple litigations, with a history of disputes, including criminal and civil cases, many of which have been disposed of or are still pending (!) (!) .
The marriage was solemnized on 28.01.2012, and the parties have been living separately since 02.04.2012, with no reconciliation attempts succeeding and no children born from the marriage (!) (!) (!) .
The parties have engaged in extensive litigation over the years, including criminal cases, matrimonial disputes, and applications under various sections of criminal and civil law, with several cases disposed of and others pending (!) (!) (!) (!) .
The petitioner has filed an application under Article 142 of the Constitution of India, seeking dissolution of the marriage on the grounds of irretrievable breakdown, supported by the long period of separation and the failure of reconciliation efforts (!) (!) (!) .
The respondent opposes the dissolution, citing the petitioner’s conduct, ongoing litigations, and her financial independence, asserting that the marriage should be maintained (!) (!) .
The Court recognizes that the marriage has irretrievably broken down, with the parties living separately for over a decade and no prospects for reconciliation, thus justifying the exercise of its discretionary power under Article 142 to dissolve the marriage (!) (!) .
The Court emphasizes that such extraordinary jurisdiction is exercised to do complete justice, especially in cases where the marriage has failed beyond salvage and continued relationship is unjustified (!) (!) .
The Court notes that the parties have indulged in numerous litigations, which have further strained their relationship, and that the effort for reconciliation has failed despite attempts at mediation (!) (!) .
The Court directs that all pending cases between the parties, except those involving allegations of perjury, shall be disposed of without further action, but the cases related to perjury will continue because of the importance of maintaining the integrity of the judicial process (!) (!) .
The Court also imposes costs of Rs. 10,000 each on both parties as a token for their litigious conduct, to be deposited with the relevant association (!) .
The order concludes with the dissolution of the marriage and directs that the parties shall not indulge in further litigation concerning their matrimonial disputes (!) .
Please let me know if you need any further analysis or specific legal advice based on this document.
| Table of Content |
|---|
| 1. transfer petition request by wife. (Para 1) |
| 2. attempts at mediation fail. (Para 2 , 3) |
| 3. arguments on irretrievable breakdown. (Para 4 , 5) |
| 4. jurisdiction under article 142 for divorce. (Para 10 , 11) |
| 5. legal precedent on irretrievable breakdown. (Para 12 , 13) |
| 6. impact of legal actions on marriage. (Para 14) |
| 7. decision to dissolve marriage. (Para 26 , 28 , 32) |
| 8. order for pending applications. (Para 30 , 31) |
JUDGMENT :
RAJESH BINDAL, J.
1. The present petition was filed by the petitioner-wife praying for transfer of an application filed by respondent-husband under Section 340 CrPC bearing Misc. Crl. No. 7 of 2019 in MT No. 853 of 2018, seeking initiation of proceedings against petitioner for offence of perjury, from Family Court, District East, Karkardooma Courts, Delhi to Family Court, Lucknow, Uttar Pradesh. The transfer is sought on the grounds that the petitioner is suffering on account of number of cases pending between the parties; for the case in question, the petitioner will have to travel from Lucknow to Delhi; she is not getting any maintenance and has no place to stay at Delhi and that the proceedings initiated by the respondent, in most of the cases,
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