Hemant @ Hariram @ Hariram @ Pappu Patel (Kushwaha) vs. Neetu Patel @ Poonam Patgel

W.P No. 15644 of 2013

20.9.2013

Shri Pramod Singh Tomar, counsel for the petitioner. He is heard on the question of admission.

1

The petitioner/ defendant has filed this petition under Article 227 of the Constitution of India being aggrieved by the order dated 12.8.13 (Annex.P/1) passed by the principal judge Family Court, Sagar in Case No.123-A/2011 whereby his application filed under order 1 rule 10(2) of the CPC to implead the Hindu Vivah Sansthanam Samiti, Bhopal as defendant in the matter, has been dismissed.

2. The petitioner counsel after taking me through the papers placed on the record along with the impugned order by referring the copy of the impugned suit argued that in view of the prayer of the respondents that the marriage certificate issued by the above mentioned Sansthanam be also declared to be null and void, the presence of such institution is necessary in the impugned suit as proper party and in its absence the suit could neither be entertained nor decided on merits and prayed for allowing his application by setting aside the impugned order by admitting and allowing this petition.

3. Having heard the counsel, keeping in view the arguments advanced, after perusing the record, I am of the considered view that in the available circumstances such Sansthanam where, as alleged, the respondent No.1 got married with the petitioner, is neither necessary nor proper party in the matter. The impugned matrimonial dispute could be decided effectively only in presence of the parties impleaded in the matter. It is made clear that on arising the occasion, the concerning party may prove such fact by examining the witness of W.P No. 15644 of 2013

such Sansthanam either in support of the petitioner or in rebuttal of the same. In such premises, I have not found any infirmity, illegality, irregularity or anything against the propriety of the law in the order impugned. Consequently, this petition being devoid of any merit deserves to be and is hereby dismissed. No cost.

2

(U.C.Maheshwari) Judge

MKL