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2016 Supreme(All) 2369
ALLAHABAD HIGH COURT
V.K. Shukla, Umesh Chandra Srivastava, JJ.
Meera Devi - Appellant
Versus
State of U.P. And Another - Respondent
WRIT - C No. - 16316 of 2016
Decided On : 13-04-2016
For the Petitioner: Amit Kumar Srivastava.
For the Respondent: C.S.C.
The court emphasized the importance of pursuing claims related to matrimonial disputes before the appropriate forum, in this case, the Family Court.
Headnote:
mandamus - matrimonial dispute - The court refused to entertain the petitioner's request for a writ of mandamus, directing her to pursue her claim before the appropriate forum, which is the Family Court.
Fact of the Case:
The petitioner sought a writ of mandamus to release an amount and a motorcycle from the opposite party in a pending matrimonial dispute case. The court noted that a compromise decree had been passed, but the petitioner had proceeded to move a recall application before the Family Court.
Finding of the Court:
The court refused to entertain the petitioner's request for a writ of mandamus, directing her to pursue her claim before the appropriate forum, which is the Family Court.
Issues: The main issue was whether the petitioner's request for a writ of mandamus should be entertained by the court, considering the pending matrimonial dispute and the compromise decree.
Ratio Decidendi: The court held that in the given factual situation, the petitioner should pursue her claim before the appropriate forum, which is the Family Court, instead of seeking relief from the High Court.
Final Decision: The writ petition was dismissed, and the petitioner was directed to pursue her claim before the Family Court.
Smt. Meera Devi is before this Court with the following prayer:
1. issue a writ, order or direction in the nature of mandamus commanding and direct to the court below to release the amount Rs. 1,50,000/- and one motorcycle no. UP23M 2043 from the oppsosite party no. 2 in case no. 5 of 2015 (Kuldeep Kumar Vs. Smt. Meera Devi), District Amroha (JP Nagar) is pending before the Family Judge, Amroha.
2. issue a writ, order or direction in the nature of mandamus commanding and direct to the court below to decide the case no. 5 of 2015 (Kuldeep Kumar Vs. Smt. Meera Devi), District Amroha (JP Nagar) is pending before the Family Judge, Amroha.
3. issue any other writ, order or direction to which the Hon'ble Court may deem fit and proper under the facts and circumstances of the instant case, in favour of the petitioner.
4. award the cost of the petition to the petitioner.
5. Record in question reflects that matrimonial dispute has been sought to be settled by way of compromise as there is a final order dated 8.8.2015 passed by the Principal Judge, Family Court, J.P. Nagar. It appears from the arguments that have been so advanced before us from the side of the petitioner that even after the compromise decree has been passed even then petitioner has proceeded to move the recall application before the Principal Judge, Family Court, J.P. Nagar and it is being informed that same is pending.
6. Once such is the factual situation that is being narrated before us that there has been compromise order passed by the Principal Judge, Family Court, J.P. Nagar and now petitioner has proceeded to move recall application, then she should pursue the said recall application before the court below instead of rushing to this Court for the reliefs quoted above.
7. Consequently, in the facts of the case, we are not at all entertaining the request of petitioner but we leave it open to the petitioner to pursue her claim before the appropriate forum which is inclusive of Principal Judge, Family Court, J.P. Nagar.
Writ petition is dismissed, accordingly.
