Main points
The appellant was successful in obtaining a decree of divorce on the ground of cruelty in the year 2016.
The specific events that led to the filing of the criminal appeal by Deepti Sharma include her marriage to the respondent in 2006, followed by her successful obtaining of a decree of divorce due to cruelty in 2016. Subsequently, there were ongoing legal matters relating to maintenance applications and other proceedings, which prompted her to file a petition under Section 482 of the Code of Criminal Procedure before the High Court, culminating in the appeal before the Supreme Court.
The Hon’ble High Court, in its order dated December 20, 2019, set aside the Family Court’s order from May 27, 2019. The Family Court had dismissed Deepti Sharma’s Section 125 CrPC petition for non-prosecution due to her absence on multiple dates. The High Court restored her petition to its original number and directed the Family Court to hear the case on its merits. The High Court emphasized that the matter should be decided within three months from the date the parties appear before the Family Court.
The Hon’ble High Court’s order restored Deepti Sharma’s Section 125 CrPC petition and directed the Family Court to decide the case in accordance with the law. The High Court’s decision was challenged by Deepti Sharma in the Supreme Court, but the Supreme Court found no reason to interfere with the High Court’s order. The Supreme Court noted that the High Court’s order was in favor of Deepti Sharma and directed the Family Court to adjudicate the matter afresh.
Important paragraphs from the judgment
6. We see absolutely no reason as to why we should interfere with the aforesaid 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.
7. As to the remaining cases of which there is a reference in the order dated 30.09.2019 of this Court, the contempt petitions were dismissed for non-prosecution on 24.08.2024 and the First Appeal has also been decided on 20.12.2019, with directions to 6 the Family Court to decide her application under Section 25 of the Hindu Marriage Act within 3 months.
8. 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!
9. Let the Registrar (Judicial) take note of this, particularly the cases where litigants are allowed to appear in person.
Party
Deepti Sharma – Appellant vs. State of Uttar Pradesh & Anr – Respondents – December 17, 2024 – CRIMINAL APPEAL NO. OF 2024 @ SPECIAL LEAVE PETITION (CRL) NO. OF 2024 @ DIARY NO.21764 OF 2022 – 2024 INSC 991
