Point of Law: Appointment - Petitioner no.2 that wholly illegally even after petitioner no.2 attained age of majority her father is trying to harass her from time to time by adopting all modes including with help of Police.

JUDGMENT :

Prakash Padia, J.

1. Pursuant to the order passed by this Court on 2.3.2021 both the petitioners namely Smt. Madhuri Shrivastav and Ms. Vaishnavi appeared in person before this Court. The respondent no.1/Praveen Kumar Shrivastav also appeared in person.

2. Mr. Dhruv Narayan Mishra, who was appointed Amicus Curiae by order of this Court dated 26.2.2020, is also present to assist the Court.

3. The petitioners have preferred present petition with the following prayers :-

"1. Issue an order of certiorari quashing entire proceedings of Case No.13/2013 (Praveen Kumar Srivastav Vs. Smt Madhuri Srivastav), U/s 28A of Hindu Marriage Act, read with Order XXIX Rule 2A of CPC, pending before the Additional Judge, Family Court, Allahabad, imposing heavy cost to the respondent No.1.

2. Issue another order or direction commanding the respondent No.1 to pay sum of Rs.2,83,600/-to petitioners with simple interest since January, 2015, within a stipulated period of time, in compliance of the judgment/decree dated 17.01.2015, passed by the Court below in Marriage Case No.291/2003.

3. Issue any other writ, order or direction which this Hon'ble Court may found deem fit and proper with the facts and circumstances of the case. So that justice be done.

4. To award cost to the petition from respondent No.1."

4. It is stated by petitioner no.1/Smt. Madhuri Shrivastav that she is a teacher in Jagat Taran Golden Jubilee School, Allahabad since 2006 and the petitioner no.2/Ms. Vaishnavi was pursing her B.A. II Examination from Allahabad University, Allahabad at the time when the present petition was filed. At present she is studying at B.A. III.

5. The date of birth of petitioner no.2 is 13.3.2000 and now she became major. It appears from perusal of the record that petitioner no.1 namely Smt. Madhuri Shrivastav, daughter of late Trilokinath Shrivastav along-with her daughter namely Ms. Vaishnavi filed the present petition inter-alia with the prayer to quash the entire proceeding of Case No.13 of 2013 under Section 28-A of the Hindu Marriage Act read with Order 39 Rule 2-A of the C.P.C. pending in the court of Additional Judge, Family Court, Allahabad. It appears from perusal of the record that the petitioner no.1/Madhuri Shrivastav got marriage with Praveen Kumar Shrivastav in the year 1998. After two years of marriage from their wedlock a daughter, petitioner no.2/Km. Vaishnavi, was born. Thereafter, family members of the respondent no.1 Praveen Kumar Shrivastav started harassing the petitioner no.1-Smt. Madhuri Shrivastav.

6. It further reveals from perusal of the record that the respondent no.1/Praveen Kumar Shrivastav preferred Case No.291 of 2003 (Praveen Kumar Shrivastav Vs. Smt. Madhuri Shrivastav), under Section 9 and 13 of the Hindu Marriage Act. Apart from the same, another case was filed by him being Marriage Case No.507 of 2004, under Section 26 of the Hindu Marriage Act before the court below. The Case No.291 of 2003, which was filed under Section 9 and 13 of the Hindu Marriage Act, was decreed partly while Case No.507 of 2004, which was filed under Section 26 of the Hindu Marriage Act was rejected vide judgment and decree dated 17.1.2015. Though Case No.507 of 2004 was finally decided on 17.1.2015 but during the pendency of the aforesaid case various interlocutory orders were passed from time to time. By the aforesaid orders directions were given to the respondent no.1 to meet with his minor daughter. Since the aforesaid orders were not complied with, an application was filed by the respondent no.1 in the court below under Order 39 Rule 2-A of the CPC which was numbered as Misc. Case No.13 of 2013. In the aforesaid case an application being Paper No.33-C dated 03.05.2019 was also filed by the respondent no.1 with the allegation that the petitioners are still flouting order dated 03.05.2005 and 03.06.2010.

7. It further appears from perusal of the record that the Family Court, Allahabad also directed the Station House Officer, Mutthiganj, Dis