In a criminal revision where the petitioner was absent, the High Court noted the original case under Section 24 of the Hindu Marriage Act was dismissed in 1998. Consequently, the Court held the revision filed in 1997 to be infructuous and dismissed it.
Revision dismissed as infructuous; any interim order is vacated.
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Court No. - 41
Case :- CRIMINAL REVISION No. - 210 of 1997
Revisionist :- Rajendra Kumar Gupta Opposite Party :- State Of U.P.& Others Counsel for Revisionist :- V.K.Agnihotri Counsel for Opposite Party :- Govt. Advocate
Hon'ble Aniruddha Singh,J.
None is present on behalf of the revisionist even in the revised list/call.
In compliance of the orders dated 19.5.2018 and 19.7.2018, report of Additional Principal Judge, Family Court, Kanpur Nagar dated 13.7.2018 has been received in which he stated that Original Case No. 614 of 1995 (Rajendra Kumar Gupta Vs. Rekha Gupta) has been dismissed on 24.11.1998 due to noncompliance of order passed under Section 24 of Hindu Marriage Act.
Heard learned A.G.A. and perused the record and this criminal revision is being decided on merits in the absence of learned counsel for the revisionist.
This criminal revision has been filed against the order dated 31.1.1997 passed in Original Case No.614 of 1995, under Section 24 of the Hindu Marriage Act, 1956 which has been dismissed by the court concerned, hence this revision itself is liable to be dismissed as infructuous.
In view of the above, revision is dismissed as infructuous. Interim order, if any, is vacated.
Order Date :- 18.8.2018 OP
2 issues framed by the court
Whether the criminal revision filed against an order passed in 1997 is maintainable when the original case was dismissed in 1998 due to non-compliance.
Whether the revision is liable to be dismissed as infructuous given the position of the original case.
1 provisions across 1 enactments
Rajendra Kumar Gupta
State Of U.P.
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
