Aneeta Devi and 3 Others Vs State of U.P. and Another

Court No. - 50

Case :- MATTERS UNDER ARTICLE 227 No. - 11892 of 2022

Petitioner :- Aneeta Devi And 3 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Krishna Kumar Mishra Counsel for Respondent :- CSC

¶4

Hon'ble Ram Manohar Narayan Mishra,J.

¶5

Heard learned counsel for the petitioners and learned AGA for the State.

¶6

Learned counsel for the petitioners submits that petitioner no. 1 has filed an application under Section 125 Cr.P.C. before the Principal Judge, Family Court, Allahabad, which was registered on 19.11.2021; copy of the application as well as ordersheet are filed as annexure 1 and 2 to the petition. The petitioner no. 1 is residing at her parental home alongwith her minor children due to marital discord between the petitioner no. 1 and her husband, respondent no. 2 due to demand of dowry and harassment made to her by husband and her in-laws; the case is pending since 19.11.2021 before the above mentioned court. At the time of filing present petition, court of Principal Judge, Family Court was lying vacant but additional courts were functioning.

¶7

From perusal of records it appears that matter was sent for mediation by the court below and report of mediator has been received in the court and the parties were directed to appear before the counselor on 21.3.2022. The jurisdiction to transfer a case from one family court to another lies with Principal Judge, Family Court and the same power cannot be exercised by Additional Principal Judge, in absence of any specific direction of this Court. However, it is directed that the court, if functioning at present, shall expedite the matter and the same shall be decided in accordance with law as early as possible provided if there is no legal impediment.

¶8

The writ petition is disposed off, accordingly.

¶9

Order Date :- 20.1.2023 Dhirendra/

¶10

Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad

Aneeta Devi and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Aneeta Devi and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt Vineeta Devi and Another Vs State of U.P. and 6 Others

Smt. Kamla Devi and Another Vs Smt. Priya Alias Dolly and 2 Others

Dhirendra Seth Vs State of U.P. and Another

Praveen Srivastava Vs Pooja Srivastava

Somaru Vs State of U P and Another

Smt.Pragati Agrawal Vs Prakhar Agrawal @ Manu and 4 Others