( 1 ) THE three petitioners, who are related as daughter, mother and father and stand impleaded as Respondent Nos. 1 to 3 respectively in the Matrimonial Petition No. 172 of 1997 filed before the Court of Judge, Family Court, Allahabad (Respondent No. 2) by Respondent No. 1 under Section 10 of the Hindu Marriage Act seeking grant of a decree for divorce of petitioner No. 1 dissolving their marriage and for a declaration that it is null and void as contained in Annexure 1, have knocked the doors of this constitutional Court taking aid of Articles 226 and 227 of the Constitution of India for (i) quashing by grant of writ of Certiorari the proceedings of Matrimonial Petition No. 172 of 1997 aforesaid (ii) and restraining respondent No. 2 by grant of a writ of Prohibition from proceeding with the aforementioned petition.

( 2 ) PARAGRAPH Nos. 1 to 13 of the Matrimonial Petition aforementioned reads as follows -"1. That the petitioner is resident of village Chandauki, Pergana Sikandra, Tehsil Phulpur district Allahabad and the petitioner is about 30 years of age. 2. That the respondent No. 1 had been living with opposite parties 2 and 3 in IFFCO Unit Phulpur, Allahabad in the year 1989. 3. That the petitioner and respondent No. 1 came in friendly contact with each other and this friendship developed into deep love and affection and out of that love the petitioner and respondent No. 1 on their own sweet will and consent came to Allahabad city and in Hanumanji Mandir at Bandhwa, Allahabad, as river Ganges, garlanded each other and became wife and husband on 5th Dec. , 1989. 4. That after the marriage before Hanumanji at Bandhwa on 5-12-1989, the petitioner and respondent No. 1 came to petitioners house in village Chandauki and both used to live as husband and wife. The respondent No. 1 performed her marital obligations with the petitioner being his wife. 5. That after a gap of two months, when the respondent Nos. 2 and 3 came about the Gandharv marriage of the r espondent No. 1 with the petitioner, they came to the house of the petitioner and became annoyed but compelled by the circumstances they want back to their residence at IFFCO Phulpur. 6. That during the course of marriage the presents of the petitioner gave ornaments of Rs. 80,000. 00 and clothes of Rs. 20,000. 00 to the respondent No. 1. The respondent No. 1 was fully satisfied with the treatment, love, affection and behaviour of the petitioner and his parents and had been living happily as wife of the petitioner. 7. That however, the respondent No. 3 came to the house of the petitioner again after 3 months and requested the petitioner and his parents to send the respondent No. 1 for some period and the petitioner and his parents on his request, sent the respondent No. 1 with respondent No. 3 along with ornaments and clothes and some cash for her expenses. 8. That during this period the respondent No. 3 without any information to the petitioner managed his transfer from IFFCO Phulputr Unito Kalole Unit Gujarat and stealthily took with him the respondent No. 1 along with him. 9. That when the petitioner knew about the transfer of the respondent No. 3, he made several correspondence and went to the respondents at Gujarat but the respondents Nos. 2 and 3 did not even allow the petitioner to meet his wife the respondent No. 1. 10. That about 5 years have passed but despite best efforts made by the petitioner and his parents, the respondents 2 and 3 did not send the respondent No. 1 to the petidtioner. 11. That due to living away from the respondent No. 1 petitioner is leading a deserted life. He has not been allowed by the respondent Nos. 2 and 3 to live and enjoy with his own wife and is facing great mental and physical torture. 12. That the respondent No. 1 is living separately with the petitioner for the last 5 years and there is no hope that she will come and live with the petitioner and perform her marrital obligation hence it is expedient that the decree of judicial separat

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