- (1.) JUDGEMENT The petitioner, widow of deceased Arun Kumar has sought relief by way of this writ petition to quash proceedings of Matrimonial Case No. 348 of 2004; Ram Bharosi Lal v. Smt. Triveni Singh, under Sections 11 and 12/5 of Hindu Marriage Act, pending before Family Court, Agra.
(2.) WE have heard Sri Ram Autar Verma, learned counsel for the petitioner and learned Standing Counsel for respondent Nos. 1 and 2 None was present for respondent Nos. 3 and 4. It has been alleged in the writ petition that the petitioner Smt. Triveni Singh was married with late Arun Kumar son of Ram Bharosi Lal, the respondent No. 3 on 9-7-1999. The marriage was consummated and a daughter was born from their wedlock on 25-6-2000, who is living with the petitioner. On 18-8-2000, Arun Kumar died. After his death, the petitioner and respondent No. 3 indulged in criminal litigation. Ultimately, the respondent No. 3 filed the aforesaid suit before Family Court, Agra, under Section 11 and 12/5 of Hindu Marriage Act (hereinafter referred to as the Act) against the petitioner for declaration of marriage as void.
(3.) THE respondent No. 4 has filed a counter affidavit but in para 1 of the counter affidavit, Dr. D.S. Chauhan has averred that he is filing counter affidavit on behalf of respondent No. 3. It may be pointed out here that respondent No. 3 is Ram Bharosi Lal, father-in-law of petitioner. This appears to be a clerical mistake. In his counter affidavit, Dr. D.S. Chauhan had disclosed that on 16-6-2000, the petitioner and her husband Arun Kumar along with respondent No.3 Ram Bharosi Lal had come to his Laboratory. He had performed blood test of Arun Kumar and Smt. Triveni Singh and both were found HIV positive, whereas on blood testing of Ram Bharosi Lal, he was found HIV negative.;