Disposed

Badri Vishal v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Allahabad HC4 Dec 2024CRLR/1480/2024

Case brief

AI extract

What is this about?

Revision challenging a Family Court order in a maintenance case. Court issued notice to opposite parties to ascertain willingness for mediation. It permitted revisionist to deposit Rs. 25,000 to stay the impugned order temporarily.

What did the court decide?

Notice issued; Rs. 25,000 deposit accepted to stay impugned order ex parte; listing fixed for 09.01.2025 for mediation.

Badri Vishal vs State of U.P. Thru. Prin. Secy… — Maintenance and Alimony | Allahabad HC (2024)

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Court No. - 14

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Case :- CRIMINAL REVISION No. - 1480 of 2024

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Revisionist :- Badri Vishal

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Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others

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Counsel for Revisionist :- Manoj Kumar Mishra,Devesh Jaiswal,Pankaj Kumar,Piyush Tripathi

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Counsel for Opposite Party :- G.A.

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Hon'ble Ajai Kumar Srivastava-I,J.

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1. Heard learned counsel for the revisionist and learned A.G.A. for State.

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2. By means of instant revision, challenge has been made to an order dated 07.10.2024 passed by learned Principal Judge, Family Court, Unnao in Criminal Misc. Case No.798 of 2022 : Priyanka and another vs. Badri Vishal under Section 125 of Cr.P.C.

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3. Learned counsel for the revisionist has submitted that the impugned judgment and order dated 07.10.2024 has been passed which reflects tearing hurry on the part of learned trial court in deciding the case, without appreciating the fact that earlier a revision was filed by the revisionist before this Court bearing Criminal Revision No.1059 of 2024, wherein vide order dated 05.09.2024, a Co-ordinate Bench of this Court had directed the opposite party No.2 to appear in person or through her counsel so that her willingness for getting the dispute resolved through the process of mediation may be ascertained, however, when revision was taken up,

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neither opposite party No.2 appear before a Coordinate Bench of this Court nor did the trial court wait for the revisionist to appear before it to file his written submissions.

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4. In aforesaid view of the matter, he says that the impugned judgment and order dated 07.10.2024 has been passed without affording opportunity of hearing and defending the revisionist before the learned trial court which renders the impugned judgment and order dated 07.10.2024 is unsustainable in law.

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5. Despite aforesaid legal arguments, his further submission is that as the matter is essentially an outcome of the matrimonial discord between the parties which has led the opposite party No.2 to file various cases against the revisionist. He is willing to get his dispute settled through the process of mediation again.

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6. Considering the aforesaid facts and circumstances of this Case, this Court deems it appropriate to issue notice to opposite parties.

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7. Issue notice to opposite party Nos.2 and 3, returnable at an early date.

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8. Steps be taken within a week.

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9. List this matter on 09.01.2025. On which date, opposite party No.2 shall appear in person so that her willingness to get dispute resolved through the process of mediation may be ascertained.

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10. Meanwhile, it is provided that in case revisionist deposit an amount of Rs.25,000/- within three weeks from today before the Senior Registrar of this Court, the impugned order dated 07.10.2024 shall not be given effect to qua the present revisionist- Badri Vishal, till the next date of listing.

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11. It is made clear that in case revisionist fails to deposit the aforesaid amount within the stipulated period or fails to appear in person before this Court on the next date so fixed, the protection given hereinabove shall automatically come to an end without any further reference to this Court.

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(Ajai Kumar Srivastava-I, J.)

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Order Date :- 4.12.2024 Shubhankar

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Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench

Badri Vishal v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

Badri Vishal v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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