Document Fragment View
Fragment Information
Showing contexts for: payal in Smt. Payal Agrawal vs Deepak Garg on 18 January, 2010Matching Fragments
Reserved on 06.01.2010 Delivered on 18.01.2010 Civil Misc. Writ Petition No. 57980 of 2009 Smt. Payal Agrawal Versus Deepak Garg Hon'ble V.K.Shukla,J Present writ petition has been filed by the petitioner for quashing of the orders dated 25.05.2009 and 14.10.2009 passed by Additional District Judge, Mathura, Annexure-7 & 14 to the writ petition respectively, wherein application moved by petitioner contending therein that proceedings under Section 26 of Hindu Marriage Act 1955 are not maintainable, has been rejected and further prayer for examining the minor child has been rejected.
Brief background of the case is that marriage of sole petitioner with sole respondent was solemnised as per Hindu Rites and Customs on 20.11.2003 and one daughter was born of said wedlock on 21.08.2004. It appears that there was matrimonial discord on account of which petitioner started living with her father. Deepak Garg, husband of petitioner filed petition under Section 9 of Hindu Marriage Act for passing the decree of restitution of conjugal right against the petitioner in the court of Civil Judge (S.D) Mathura on 22.04.2008 which was registered as Matrimonial Petition No. 144 of 2008. Petitioner submits that thereafter on account of intervention of relatives and respectable persons the joint petition for dissolution of marriage under Section 13-B of the Hindu Marriage Act was filed which was registered as Marriage Petition No. 193 of 2008( Smt. Payal Garg Vs. Deepak Garg) in the court of Additional District Judge, court no. 9 Mathura on 28.05.2008. In the said case parties to the dispute have filed their respective affidavit on 28.05.2008 in support of their joint petition under Section 13-B of the Hindu Marriage Act. Said joint petition was allowed and marriage in question was dissolved vide judgment and decree dated 12.12.2008. Husband Deepak Garg on 02.01.2009 moved an application terming the same to be under Section 26 of the Hindu Marriage Act for issuing direction to petitioner to permit him and his parents to meet periodically Km. Tulsi and to offer gifts as and when required.