Allahabad High Court
Smt. Poonam Chauhan Thro.Her Husband ... vs State Of U.P.Throu.Secy.Home Civil ... on 11 December, 2019
Author: Irshad Ali
Bench: Irshad Ali
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 14 Case :- HABEAS CORPUS No. - 274 of 2013 Petitioner :- Smt. Poonam Chauhan Thro.Her Husband Sri Vimal Kumar Singh Respondent :- State Of U.P.Throu.Secy.Home Civil Sectt.Lko.And Ors. Counsel for Petitioner :- Satendra Singh Rana,Vijay Kumar Counsel for Respondent :- Govt.Advocate,Rajiv Srivastava,Sharavan Kumar,Upendra Kumar Verma Hon'ble Irshad Ali,J.
List has been revised.
Case is listed peremptorily. None is present on behalf of the petitioner.
In pursuance of the order passed by this Court corpus was present before this Court who made following statement :-
"Question- Aapka Kya Naam hai?
Answer- Mera Naam Poonam Chauhan hai. Main Shaadi Shuda hun. Meri Shaadi Vimal Kumar Singh ke Saath Huyee hai. Question- Aaj-kal Aap Kahan rah rahin hain?
Answer- Aaj-kal main apni Marzi se apne Maata Pita ke Ghhar par rah rahi hun, Mere Maata pita ke ghhar par rahne ke liye kisi ne koi zor-zabardasti nahin ki hai, balki main apni marzi se apne Maata Pita ke ghhar par rah rahi hun. Question- Aap apne Pati ke saath jana chahti hain?
Answer- Main apne pati ke saath jana nahin chahti hun, kyonki woh kahte hain ki mujhe dusari shaadi karni hai. Question- Kya aap donon mein koyee samjhaute ki sambhawna hai?
Answer- Yadi mere pati apni Aadaton ko sudhar lein, to samjhauta ki sambhavna hai."
Keeping in view the facts and circumstances of the case the matter was referred to the Mediation Centre by this Court vide order dated 06.3.2019 and the dispute was settled between the parties and in this regard a report was submitted to this Court on 09.7.2019. The settlement was made in the following terms and conditions :-
"THAT both Mr. Vimal Kumar [Husband] and Ms. Poonam Chauhan [Wife] has agreed to live together happily as husband and wife with love and affection. THAT Mr. Vimal Kumar [Husband] will take his wife Ms. Poonam Chauhan to the below mentioned address on 09.07.2019 from her paternal home. C/o Vimal Kumar Singh Preeti Nagar, Raheem Nagar, Dudauli Madiyaon, Sitapur Road, Lucknow THAT both the parties will withdraw all the pending cases filed against each other mentioned below :-
i. Case No.1070/2018 (u/s 12 of DV Act) Poonam Chauhan Vs Vimal Singh & Others pending before JSCC room no.18, Lucknow.
ii. Case No.6/2019 (u/s 13 of HM Act) Vimal Kumar Singh Vs. Poonam Chauhan pending before Principal Judge, Family Court, Lucknow.
THAT it is agreed that the husband and wife would take care of each other's needs and requirements wherein none of them would find faults with deliberate intension against each other. It is further agreed between the parties that they both will make all efforts to take care of each other and they will live peacefully and will respect each other.
THAT both the parties will give due respect to each others family and friends.
THAT both the parties will not pursue/ file any fresh case regarding this present matter and will withdraw/ not press any matter which are pending against each other in any court/ police station.
THAT both the parties will discharge their matrimonial obligations/ duties and nobody will misbehave with each other and no friends or other family members will make undue interference between the parties.
F) By Signing this Agreement the parties hereto state that they have no further claims or demands against each other with respect to Writ Petition no.274 of 2013 (HABC) and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Mediation/ Conciliation."
In view of the above, no cause of action survives in the present writ petition and the same is dismissed as having become infructuous.
Order Date :- 11.12.2019 mks