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Synopsis

The Supreme Court has directed its Registrar (Judicial) to take note of the fact that filing of the pleas before this court was in proper format in cases prosecuted by parties in person.

A bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah made the direction while dealing with a plea by a woman in a matrimonial dispute.

"The appellant, who has appeared in person, has filed a synopsis running into 128 pages, loaded with details much of which is not relevant for our purposes. We understand that the appellant is not a trained lawyer, but it is for the Registry to have asked the appellant to trim down the synopsis. A synopsis cannot run into 128 pages!," the bench said.

The appellant, who got married in 2006 and successfully obtained divorce on ground of cruelty in 2016, approached the apex court, challenging the Allahabad High Court's order by a division bench of December 20, 2019.

Top court noted usually a Section 482 CrPC petition, as per the rules of the High Court goes before a Single Judge, but in the present case it was decided by a division bench of the High Court and from the order it is so reflected that it was on the direction of the apex court.

Having gone through the High Court's order, the bench noted it had set aside the order of the Family Court of May 27, 2019 and restored the Section 125 CrPC petition of the appellant to its original number and directed the Family Court to decide the case in accordance with law. The High Court directed that the said petition is required to be decided on merits by the Additional Principal Judge, Family Court, Agra. This was the order which has been challenged by the appellant.

"We see absolutely no reason as to why we should interfere with the impugned order. The said order is in favour of the appellant and moreover it only directed the Family Court Agra to adjudicate the matter afresh which was earlier dismissed by the Family Court, Agra for non-prosecution. The appellant instead of appearing before the Family Court, Agra has directly challenged this order of the High Court before this Court, which we think is not proper," the bench opined.

Case Title: DEEPTI SHARMA vs. STATE OF UTTAR PRADESH & ANR.