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2016 Supreme(All) 439

RAM SURAT RAM (MAURYA)
ASHISH KUMAR – Appellant
Versus
ANKITA SRIVASTAVA – Respondent


Advocates:
Counsel :
S.K. Verma, Siddhartha Varma, Anup Kumar Srivastava and S.K. Varma for the Petitioner; Dhirendra Pratap Singh and H.M.B. Sinha for the Respondent.

JUDGMENT

Hon’ble Ram Surat Ram (Maurya), J.—Heard Sri S.K. Varma, Senior Advocate, assisted by Sri Siddhartha Varma, for the petitioner and Sri H.M.B. Sinha alongwith Sri Dhirendra Pratap Singh, for the respondent.

2. This petition has been filed for setting aside the order of Principal Judge Family Court dated 8.10.2015, deferring disposal of application (28-C) filed by the petitioner and fixing a date for framing issues in Divorce Suit and to issue direction to Principal Judge Family Court, to decree Divorce Suit in view of compromise dated 10.10.2014, entered into between the parties.

3. Ashish Kumar Srivastava (the petitioner) married to Smt. Ankita Srivastava (the respondent) according to Hindu rites on 17.5.2011. The petitioner filed a suit on 26.5.2012 (registered as Divorce Suit No. 321 of 2012) under Section 13 of Hindu Marriage Act, 1955 (hereinafter referred to as the Act) for grant of decree of divorce. It is alleged that in retaliation to this suit, the respondent initiated following proceedings against the petitioner and his family members :

(I) Criminal Case No. 721 of 2012, arising out of Case Crime No. 270 of 2012 under Section 498-A, 323, 504, 506 IPC and 3/4 of Do



































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