Mahesh Chandra Tripathi, J. - (1.)Heard Shri Udai Chandani, learned counsel for the plaintiff petitioner and Shri Manish Goel, learned counsel for the first respondent, Principal Judge, Family Court, Varanasi.
(2.)The petitioner is before this Court with request to issue direction to the first respondent, Principal Judge, Family Court, Varanasi to take all necessary steps relating to service of summons and notices upon the defendant-respondent no.2 as provided under
Office Memorandum No.12(77)10Judl dated 18.8.2011 issued by Government of India, Ministry of Law and Justice, Department of Legal Affairs (Judicial Section), Shastri Bhawan, New Delhi in Divorce Petition No.1102 of 2015 (Raj Kumar Shukla Vs. Mrs. Simone Angele Lempert) and decide the Divorce Petition No.1102 of 2015 within stipulated time, in accordance with law.

(3.)It appears that the petitioner was married with the defendant respondent no.2 on 1.9.2000 according to the Special Marriage Act before the Additional District Magistrate, City, Varanasi and out of their wedlock, a male child was born. It is alleged that the defendant used to go out of the residence of the petitioner without telling anything or giving any information to the petitioner or his family members and when he asked about it, she started to abuse to the whole family on account of which the family of the petitioner was suffering a lot. In the month of Jan., 2004 the defendant left the residence of the petitioner and did not come back to his residence for four days. When she returned back to the petitioner's residence, she was asked about that, then she started to abuse and threaten the petitioner and his family. Thereafter, without permission of the petitioner and his family members, she went to Savita Guest House situated at Bhelupur, Varanasi to live separately with the petitioner. She filed a Divorce Petition No.602 of 2004 and the same was dismissed by learned Court below on the ground that the entire allegations levelled against the petitioner are unsustainable. After dismissal of the Divorce Petition no.602 of 2004 she did not come back to the petitioner and use to live separately with her only son. After making false passport and visa the defendant absconded to Berlin, Germany and still she is staying there alongwith the son.