- (1.) Heard Sri S.K. Varma, Senior Advocate, assisted by Sri Siddhartha Varma, for the petitioner and Sri H.M.B. Sinha along with Sri Dhirendra Pratap Singh, for the respondent.
(2.) This petition has been filed for setting aside the order of Principal Judge Family Court dated 08.10.2015, 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 17.05.2011. The petitioner filed a suit on 26.05.2012 (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 Dowry Prohibition Act, PS Shahpur, district Gorakhpur. (II) Case No. 564 of 2012 under Section 125 Cr.P.C. (III) Case No. 39 of 2013 under Prevention of Domestic Violence Act, 2005. (IV) Case No. 116 of 2013 U/S. 406 IPC and 3/4 of Dowry Prohibition Act. (V) Case No. 1393 of 2013 under Section 323, 504, 506, 379 IPC. (VI) Case Crime No. 116 of 2013 under Section 504, 506 IPC (VII) Matrimonial Suit No. 712 of 2013 under Section 9 of Hindu Marriage Act.;