PETITIONER :- / Nilesh Kumax Shukla, S/o Sri C.L.Shukla,aged about 35 A ‘P'P L1 aw; Years , R/o ~ Quarter No. 18/G,Street No. 32,Sect0r No.4, Bhilai Nagaxiehsil and District—Dmg.(c.G.) Versus RESPONDENT :- / Smt. Renuka Shukla,W/o Nilesh Kumar Shuklaaaged about ”bmr-WPLSWINW“ Q 32 years,R/o- C/o Geeta Taxe,K1shor . Kumar Bhandel, Tikrapara,Ramdas Nagar,Bi1aspur,Tehsi1 and District I Bilaspux(C.G.) § 26* an-lqw/vs PETITION UNDER ARTICLE 227 OF THE CONSTITUTIGN \f OE INDIA V /,/J 7/ fE W g0W swamm (WI) WW maFaam .B. Hon’ble Shri Justice N. 17.07.2009 Shri Alok Bakhshi, Advocat Shri Vivek Sharma, Advoca The instant 'petition is di ‘05.o1.2008, passed by und A Court, Durg, in case No. 66—Al proceedings under Section 13 (1 short ‘the Act, 1985’) have been n for'divorce, two criminal .cases ground that prior to fiiing of petiti under Sections 302 & 309 of IP st State appeal and revision are she has been acquitted and aga pending and due to their pend ancy, this matter requires to be stayed. el appearing for the respondent, e order of'Family Court seems to Shri Sharma, learned cou at the outset, fairly submits that t be not correct and deserves to be the petitioner. e for the respondent. ected against. the. order dated itionai Principal Judge, Famiiy , whereby and whereunder the Vof Hindu Marriage Act, 1985 (for tayed by the Family Court on the against the respondent, in which set aside. W ttim Emmi wattaia—i‘sMs—l 1 noes —1 ,ou,ooo. W S K. d i mmwy ($0? wigoog mam (W) mmm a&a $ ma ama§awm$ am$ $Hw% a&d%QR amfmm Having heard the counsel for the parties, and after having perused the record, i am of the considered opinion that the order impugned passed by the Family Court, staying the proceedings of divorce petition, pending before ii: is perverse and iiiegal inasmuch as only on the basis of pendencv of criminal appeal or revision in criminai case, the proceedings of-divorce cannot be stayed. Accordingiy, the petition is Ilowed, and the order passed by the Family Court on 05.01.2008 is hereby set aside. The Family Court, Durg, is directed to p ceed further in the matter in accordance with law. No order a to costs. Sahu imam aim gm Wnanta—ir‘s/osa—r 1 [moo—1 ,co,ooo.