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2025 DAILYLAW 14329 (UTT)

RAHUL KUMAR SINGH CHAUHAN v. STATE OF UTTARAKHAND

HABC/32/2025 · 2025-11-04

G Narendar, Subhash Upadhyay

body2025

Judgment text

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2025:UHC:9730-DB 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND HON’BLE SRI JUSTICE SUBHASH UPADHYAY 04TH NOVEMBER, 2025 HABC No. 32 OF 2025 Dr. Rahul Kumar Singh Chauhan …..Petitioner Versus State of Uttarakhand and others. …Respondents Counsel for the petitioner. : Mr. Arjun Sanjay, learned counsel holding brief of Mr. Chirag Goswami, learned counsel. Counsel for the respondents : Mr. J.S. Virk, learned Deputy Advocate General with Mr. R.K. Joshi, learned Brief Holder for the State. JUDGMENT : (per Sri G. Narendar, C.J.) Heard learned counsel for the petitioner and the learned Deputy Advocate General for the State. 2. The case of the petitioner is that his wife had left him three years ago. The pleadings would reveal that the petitioner had preferred a petition under Section 9 of the Hindu Marriage Act, 1955, and the same came to be dismissed for default. 3. The statement that the wife left the petitioner three years ago would clearly demonstrate that the petitioner has not been diligent and it also casts a cloud over the statement of the petitioner that the wife is being held by her parents against her wishes. 2025:UHC:9730-DB 2 4. The petitioner is not able to place any material gathered by him in these three years, which would show that his wife has been held by her parents against her wish. 5. In that view, the petition stands rejected with liberty to the petitioner to approach the appropriate forum. 6. Pending application, if any, also stands dismissed. _______________ G. NARENDAR, C.J. ___________________ SUBHASH UPADHYAY, J. Dt: 04th November, 2025 Rathour PRAVINDR A SINGH RATHOUR Digitally signed by PRAVINDRA SINGH RATHOUR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=23699ccc2fd40ad81b6fd13323779d9e3aeb109 7d17dbb53d481cabd25946eed, postalCode=263001, st=UTTARAKHAND, serialNumber=1F65499E931DF71CDAF92A40CC6179B8 E010331BA695239171F906FD5C45C4E8, cn=PRAVINDRA SINGH RATHOUR Date: 2025.11.20 11:06:57 +05'30'