Disposed

Anu Kalpana Sachan v. State of U.P. and Another

Allahabad HC3 Sept 2024A482/12827/2024

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. sought to address procedural delay regarding a written statement in underlying Section 125 Cr.P.C. proceedings. The court disposed of the application without keeping it pending. It directed the Family Court to proceed ex parte if the non-cooperating opposite party fails to appear in the primary maintenance case.

What did the court decide?

Application disposed of with observation that Family Court may proceed ex parte if Opposite Party No. 2 does not appear in Case No. 2309 of 2021.

Anu Kalpana Sachan vs State of U.P. and… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:142336

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Court No. - 74

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Case :- APPLICATION U/S 482 No. - 12827 of 2024

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Applicant :- Anu Kalpana Sachan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Tiwari,Pradeep Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Shyam Shamshery,J.

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Heard Sri Gaurav Tiwari, learned counsel for applicant and perused the record.

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This Court passed following order on 10.06.2024:

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“ Heard learned counsel for the applicant and the learned A.G.A. for the State.

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Learned counsel for the applicant submitted that earlier in the proceedings under section 125 Cr.P.C. initiated by the applicant, the opp. party no. 2 did not appear and the case was directed to proceed ex-parte. However, on the application of opp. party no. 2, the order was recalled on 29.1.2024 but opp. party no. 2 is again not cooperating with the proceedings of the court and has not filed any written statement as yet. Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.

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Issue notice to opposite party no.2 returnable at an early date. Opposite parties may file their counter affidavits within four weeks. Rejoinder affidavit may be filed within two weeks thereafter. List on 3.9.2024 as fresh case.

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In the meantime, Additional Principal Judge, Family Court, Court No. 2, Kanpur Nagar will make all efforts to get the written statement of opp. party no. 2 filed and complete the evidence of parties and submit the status report of the case to this Court by the next date fixed.”

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Office report indicates that service report is still awaited.

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I have considered the grievance of applicant and of the opinion that there is no

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need to keep this application pending.

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The application is accordingly disposed of with observation that in case Opposite Party No. 2 does not appear in the proceedings in Case No. 2309 of 2021 (Anu Kalpan Sachan vs. Ajeet Kumar Sachan), under Section 125 Cr.P.C., Family Court concerned may proceed ex parte.

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Registrar (Compliance) to take steps.

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Order Date :- 3.9.2024 AK

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

Anu Kalpana Sachan v. State of U.P. and Another

Case brief

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Anu Kalpana Sachan v. State of U.P. and Another

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