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High CourtsSingle Bench(2003) 11 PAT CK 0005

Shri Shekhar Kumar Sinha vs Smt. Rashmi Prasad

Patna High Court · Decided on 28 November 2003 · Citation: (2004) 2 PLJR 164

HON’BLE JUDGES
Ravi S. Dhavan, C.J
RESULT
Dismissed
CASE NUMBER
C.R. No. 1084 of 2001

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Judgment

6 paragraphs · 360 words

Ravi S. Dhavan, C.J.—Heard counsel for the parties.

2.

The Petitioner is the Plaintiff before the Family Court, Patna in Matrimonial Case No. 38 of 1995. At the bar both the counsel are at issues that the suit had been filed on the ground of cruelty against his wife Smt. Rashmi Prasad, the Defendant. Today, a statement is being made by learned Counsel appearing for the Plaintiff to the effect that the revision be permitted to be withdrawn. The question arises why it was filed, in any case if ultimately this had to be withdrawn.

3.

The court''s attention has been drawn on this aspect because every time a proceeding is filed at the High Court, the suit proceedings do not proceed. The Petitioner resorts to filing cases at the High Court. He has done this nine times. Most of the cases have been dismissed and five have been withdrawn. Filing of cases and withdrawing them is a planned exercise on behalf of the Plaintiff-Petitioner. The purpose, only to delay the suit proceeding.

4.

Today, again the Plaintiff-Petitioner desires to withdraw this revision, which he may, as there is nothing left to decide in so far as the civil revision is concerned. But, now it is apparently clear beyond reasonable doubt that cases were filed only to harass his wife, the Defendant. Whatever be the issues between them they may agree to disagree and the suit may either be decreed or it may fail this is another matter. But, if there is a family dispute there cannot be a game between the parties to harass one another, a exercise which is apparent on the record.

5.

Thus, for every proceeding which was filed at the High Court and withdrawn it became a harassment to the other party. The learned Family Court''s judge will ensure that the Plaintiff will deposit Rs. 250/-(two hundred and fifty) for each proceeding which was filed at the High Court dismissed or dismissed as withdrawn so that it acts as a deterrent to permit the suit to proceed. Fifteen days time will be given, to deposit costs, which will be delivered to the Defendant.

6.

Dismissed.