1
HIGH COURT OF MADHYA PRADESH, JABALPUR
Writ Petition No.6199 of 2020
(Rajkumar Chakravorty Vs. The State of MP and Ors)
Jabalpur, Dated :- 13.03.2020

Shri Vijay Kumar Shrivastava, counsel for the petitioner.

Shri Pratush Tripathi, Govt. Advocate for the

respondents/State.

This petition under Article 226 of the Constitution of India

has been filed seeking the following reliefs :-

“(i) The Hon’ble Court shall be pleased to call
for the entire original records of lis for its kind
perusal.

(ii) That, Hon. Court shall be pleased to issue
writ or direction, directing to the Resp. No.1 2 for
bring to the Resp.No.4 5 from the Resp.no.3 for
final examination of the Resp.no.4 5 and for her
welfare.

(iii) Cost of the petition be also awarded in
favour of the petitioner.

(iv) Any other relief deemed fit and proper
looking to the facts and circumstances of the case
also be granted.”

It is submitted by the counsel for the petitioner that the

respondent no.3 is his legally wedded wife and she left her

matrimonial house alongwith respondent nos.4 5 and filed

an application under section 125 CrPC against the petitioner,

which was allowed and the petitioner was directed to pay an

amount of Rs.5,000/- per month to respondent nos.3 to 5.

The petitioner thereafter filed a criminal revision which

was registered as Cr.R No.4624/2018 and this Court by order
2
HIGH COURT OF MADHYA PRADESH, JABALPUR
Writ Petition No.6199 of 2020
(Rajkumar Chakravorty Vs. The State of MP and Ors)
dated 5.10.2018 granted liberty to the petitioner to file an

application under section 125(4) and 127 of the CrPC.

Accordingly, the petitioner filed a MJC No.309/2018 and in

that proceedings the respondent no.3 was directed to live with

the petitioner and accordingly, the respondent no.3 came back

to her matrimonial house on 17.6.2019 and on 12.8.2019 in the

absence of the petitioner, she left her matrimonial house

alongwith respondent nos.4 5 and at present is residing in

her parental home. The petitioner made a complaint to the

police authorities, however no action was taken. The petitioner

has filed an application under sections 6,7,9 12 of the

Guardian and Wards Act, which is still pending.

It is submitted that the petitioner has received a letter

from the school of respondent nos.4 5 that their yearly

examinations are about to commence and, therefore, the

respondent nos.4 5 should be sent regularly to the school but

since respondent no.3 is not sending the respondent nos.4 5

to their school, therefore, their educational career is in jeopardy

and thus this petition has been filed for the above mentioned

relief(s).

During the course of argument, it is submitted by the

counsel for the petitioner that a similar application has been

filed in the proceedings initiated by the petitioner under the

Guardian and Wards Act. However, it is submitted that the trial
3
HIGH COURT OF MADHYA PRADESH, JABALPUR
Writ Petition No.6199 of 2020
(Rajkumar Chakravorty Vs. The State of MP and Ors)
court has not decided the said application and the said

application is still pending.

Heard the learned counsel for the petitioner.

In the Writ petition, counsel for the petitioner has not

disclosed the fact of pendency of similar application in the

proceedings pending under the Guardian and Wards Act. Be

that as it may. It appears that the petitioner has already

approached the Court of competent jurisdiction seeking

custody of respondent nos.4 5. He can always make the

prayer to the concerned court seeking direction to respondent

no.3 to ensure proper education as well as welfare of

respondent nos.4 5.

Two parallel proceedings for the similar relief cannot be

allowed to go on simultaneously. Accordingly, this petition is

dismissed with liberty to the petitioner that if he so desires

then he can make a prayer before the court below for early

disposal of the proceedings pending under the Guardian and

Wards Act. He may also seek an interim order for the welfare

of respondent nos.4 5.

With the aforesaid liberty, this petition is dismissed.

(G.S.Ahluwalia)
Judge
4
HIGH COURT OF MADHYA PRADESH, JABALPUR
Writ Petition No.6199 of 2020
(Rajkumar Chakravorty Vs. The State of MP and Ors)

mms

MONSI M Digitally signed by MONSI M SIMON
DN: cIN, oHIGH COURT OF MP, ouHIGH COURT OF
MP, postalCode482001, stMadhya Pradesh,
2.5.4.20b7a13d854f2b056ad70e55fc14df62a077ba6

SIMON
bb803b926572a35493c4e4d4e53, cnMONSI M
SIMON
Date: 2020.03.16 11:28:25 +05’30’