Himanshu Jaiswal v. Nidhi Nagwanshi (Jaiswal)

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2046 of 2020

1. Himanshu Jaiswal, S/o Arun Jaiswal, Aged About 33 Years, R/o In Front Of Laxmi Talkies, Lepo Road, Hazaribagh, District Hazaribagh (Jharkhand).

Present Address: F/511, Pride Apartment, Beilkahalli Signal, B.G. Road, Bengluru (Karnataka). Office Address Citrix Systems Inc. 851, West Cyprus Creek Road, Fort Launderdale, Florida 33309, United States of America.

---- Petitioner

Versus

1. Nidhi Nagwanshi (Jaiswal), W/o Himanshu Jaiswal, Aged About 32 Years, R/o 6B/6/1, Bhilai, District Durg Chhattisgarh. Present Address Lotus - 24 Talpuri, Talpuri Twin City International Colony (CG), Talpur, Bhilai, District : Durg, Chhattisgarh ----- Respondents For Petitioner :

Mr. Soumitra Kesharwani, Advocate For Respondent :

None Hon'ble Shri Justice P. Sam Koshy Order on Board 14.09.2020

1. The present writ petition has been filed seeking for a relief or a direction to the Respondent No. 1 restraining her from making unwanted correspondences with the petitioner's employer with an intention of getting termination from services of the petitioner, so also passing frivolous materials and messages on the social media platform pertaining to the petitioner.

-22. This Court is of the opinion that the writ petition is not maintainable for the reason that the nature of relief sought for is only against a private individual dispute between the wife and the petitioner. In the instant case, the dispute seems to be arising out of a strained relationship between the petitioner and respondent-wife. It is settled proposition of law that the writ petition cannot be maintainable for the reason that the respondent does not fall within the ambit of the State under Article 12 of the Constitution of India.

3. The writ petition, accordingly stands rejected, reserving the right of the petitioner to avail other remedies available to him. Sd/- (P. Sam Koshy) Judge Rahul