IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.13 of 2008 SUSHIL KUMAR SON OF SRI SHIV SHANKAR PRASAD, RESIDENT OF VILLAGE JEDHA, P.S. AKHARPUR, DISTRICT NAWADA, AT PRESENT POSTED AS S.I. ( B.S.F.) AT GAUHATI (ASAM) ---- PETITIONER. Versus 1. STATE OF BIHAR THROUGH SUPERINTENDENT OF POLICE, NAWADA, DISTRICT NAWADA. 2. POONAM KUMARI WIFE OF SUSHIL KUMAR, DAUGHTER OF UMESH YADAV, AT PRESENT RESIDENT OF VILLAGE RAMKRISHNA NAGAR ( MOHALLA AMARDEEP NAGAR ) P.O. DHELWAN, P.S. GAURICHAK, DISTRICT PATNA. 3. KIRAN DEVI WIFE OF UMESH YADAV 4. UMESH YADAV SON OF LATE SUDARMA PRASAD SINGH, BOTH RESIDENTS OF VILLAGE RAMKRISHNA NAGAR (WEST) MOHALLA ANARDEEP NAGAR, P.O. DHELWAN, P.S. GAURICHAK, DISTRICT PATNA. --- RESPONDENTS. ----------- 4/ 27-04-2009 This writ petition has been filed by the husband of 2nd respondent (Poonam Kumari) for direction to his mother-in-law , third respondent, not to interfere in the conjugal life of the petitioner and his wife. Counsel for the respondents submits that presently a proceeding under section 498A of the Penal Code and a proceeding undersection 125 Cr.P.C. are pending in the courts below. A matrimonial case is also filed against the petitioner and these matters are continuing to this court. Since the matrimonial proceedings are pending in the courts below, it is for the petitioner to approach the family court. The family court can dispose of the matter only after conciliation or try for compromise. But the petitioner has only interested in delaying tactics to delay proceeding in family court. I am of the view that neither a - 2 - writ of mandamus nor a writ of certiorari can be issued against the mother-in-law. Hence this writ petition is dismissed. BTiwary/ ( J. B. Koshy, CJ )