Jitendra Kumar Gupta and Others Vs State of U.P. and Another

Court No. - 14

Case :- APPLICATION U/S 482 No. - 3666 of 2006

Applicant :- Jitendra Kumar Gupta & Others Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Nand Lal Maurya Counsel for Opposite Party :- Govt. Advocate

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Hon'ble Abhai Kumar,J.

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An application has been filed stating the facts that matter between the parties has been settled amicably and a divorce petition in this regard has already been decreed by the Civil Judge (S.D.) on the basis of compromise as well as on the basis of statement of parties.

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It is submission of learned counsel for the applicants that present petition may be allowed on the basis of compromise that was filed before the trial court concerned.

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Neither compromise has been filed before this Court nor joint affidavit is being filed by the parties before this Court.

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A divorce decree that was passed by Civil Judge (S.D.) is also passed on the basis of statement given by the parties before the court concerned wherein no cross examination of either of the parties are being conducted by rival parties.

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In the facts and circumstances of the case and seeing the fact that dispute is matrimonial in nature, a suitable direction to the trial court concerned can be passed for taking action in case any compromise is being filed before the trial court concerned.

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Accordingly, it is directed that in case within one month from today, any compromise is being filed before the trial court concerned, same will be verified if it is as per law. After verification compromise will be accepted by trial court even in non compoundable sections. In case compromise is being accepted, then proceeding before the trial court concerned will stand quashed.

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Meanwhile, no coercive action shall be taken against the applicants.

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The petition is disposed of accordingly.

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Order Date :- 23.4.2018 Ajeet

Jitendra Kumar Gupta and Others v. State of U.P. and Another

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Jitendra Kumar Gupta and Others v. State of U.P. and Another

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