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Rajasthan High Court · body

2016 DIGILAW 1021 (RAJ)

Jyotsna v. Surendra Atal

2016-07-19

AJAY RASTOGI, J.K.RANKA

body2016
ORDER : Instant special appeal is directed against order of the learned Single Judge impugned dated 9.5.2016. 2. It manifests from the record that the appellant-wife preferred writ petition assailing order of the learned Family Court No. 2, Jaipur Metropolitan dated 13-2-2015 dismissing her application seeking representation through counsel. The learned Family Court observed that there appears no reasonable justification which may call upon to grant assistance of a legal practitioner to the appellant-wife as an Amicus Curiae in meeting out the defence in the pending application filed at the instance of the respondent-husband u/S 12 of the Hindu Marriage Act. 3. The learned Single Judge dismissed the writ petition preferred at the instance of the appellant-wife under order impugned dated 9-5-2016, at the same time, directed the Ld. Family Court to expedite the matter. 4. Counsel for the parties brought to our notice that the appellant-wife is presently working as Administrative Officer in Life Corporation of India & posted at Udaipur and the respondent-husband is working as Assistant Scientist in Geological Survey of India & posted at Lucknow whereas the proceedings are going on before the learned Family Court No. 2, Jaipur Metropolitan, Jaipur. 5. The application filed by the appellant-wife has been rejected by the learned Family Court No. 2, Jaipur Metropolitan, Jaipur vide order dated 13-2-2015 & observed that there is no reasonable justification & it is not in the interest of justice to provide legal assistance prayed for. 6. Counsel for appellant has placed reliance on the judgment in Laxmi Kanwar v. Laxman Singh, 2004(2) DNJ (Raj.) 665. 7. After we have heard counsel for the parties and gone through the judgment, referred to supra, in our considered view the learned Family Court did not properly appreciate the grievance raised by the appellant-wife while passing order impugned dated 13-2-2015 and the fact that both the appellant-wife & respondent-husband are residing & working at different places and the forum where the proceedings are going on is at a distant place i.e. Family Court No. 2, Jaipur & that being so it is all the more necessary to provide them legal assistance. 8. Accordingly, the appeal succeeds & is hereby allowed. The order of the learned Family Court No. 2, Jaipur Metropolitan, Jaipur dated 13-2-2015 is hereby quashed & set aside. 8. Accordingly, the appeal succeeds & is hereby allowed. The order of the learned Family Court No. 2, Jaipur Metropolitan, Jaipur dated 13-2-2015 is hereby quashed & set aside. Both the parties are granted liberty to take legal assistance of legal practitioner of their choice, at the same time we consider it appropriate to direct the Ld. Family Court that while granting indulgence to the parties of being represented through legal practitioner may expedite the matter.