JUDGMENT :

SAURABH LAVANIA, J.

1. List revised.

2. Heard, learned Counsel for the appellant. The Standing Counsel is present for the State. It appears from the office report that notice upon respondent nos. 2 to 5 is sufficient, but no one present on behalf of the respondent no. 2 to 5.

3. Facts in brief of the present case, as per record, are that marriage between appellant and respondent no. 2 i.e. Mrs. Kiran Devi was solemnized on 30.05.1996 and out of the wedlock of appellant and respondent no. 2, three sons were born namely Mr. Rohit Kumar, Mr. Shobit Kumar and Mr. Sumit Kumar (respondent nos. 3, 4 and 5 respectively).

4. Matrimonial relation between the appellant and respondent no. 2 has become strained and on 28.02.2008 the respondent no. 2 went to her parent house and never came back at her matrimonial home.

5. Thereafter, on 18.09.2013 the appellant filed a divorce suit under Section 13 of Hindu Marriage Act, 1955 (hereinafter referred to as "Act of 1955"), bearing Matrimonial Case No. 1239/2014 before the Principal Judge, Family Court, Unnao (Ram Awadh Yadav Versus Smt. Kiran Devi).

6. Thereafter, on 13.11.2013, the respondent no. 2 filed an application/case under Section 125 Cr