Disposed

Shivjeet v. State of U.P. Thru. Prin. Secy. Home, Lucknow and Another

Allahabad HC22 Feb 2024CRLR/172/2024

Case brief

AI extract

What is this about?

Hon'ble Subhash Vidyarthi, J. in Criminal Revision No. 172 of 2024 directed issue of notice to opponent No.2. The revision challenged a Family Court order rejecting case consolidation. The court stayed Section 125 Cr.P.C. proceedings allowing the trial court to decide on consolidation.

What did the court decide?

Notice issued to opposite party No.2; proceedings under Section 125 Cr.P.C. stayed pending further orders on consolidation.

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

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Court No. - 27

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Case :- CRIMINAL REVISION No. - 172 of 2024

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Revisionist :- Shivjeet Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lucknow And Another Counsel for Revisionist :- Amar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Amar Singh, the learned counsel for the revisionist, the learned A.G.A. appearing on behalf of the State and perused the records.

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By means of the instant revision filed under Section 19 (4) of Family Court Act the revisionist has challenged the validity of the order dated 12.02.2024, passed by learned Principal Judge, Family Court, District Gonda in Case No.892 of 2019: Smt. Kanchan Vs. Shivjeet, under Section 125 Cr.P.C., rejecting an application filed by the applicant for consolidation of case under Section 125 Cr.P.C. with another case filed by the applicant for declaring the marriage between the parties to be null and void under Section 12 of Hindu Marriage Act.

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The submission of the learned counsel for the revisionist is that the issues involved in both the cases woud affect the outcome of the other case and, therefore, it would be in the interest of justice that both the cases are consolidated.

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The matter requires consideration.

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Issue notice to the opposite party no.2, returnable at an early date. Steps for service of notice shall be taken by the revisionist within one week from today.

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List this case in the week commencing 01.04.2024.

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It is provided that till the next date of listing the proceedings of Case No.892 of 2019: Smt. Kanchan Vs. Shivjeet, under Section 125 Cr.P.C.pending before the court of learned Principal Judge, Family Court, District Gonda shall remain stayed. It will be open for the trial court to proceed with the case under Section 12 of Hindu Marriage Act and to pass a fresh order in that suit for consolidation of the case under Section 125 Cr.P.C. with the suit under Section 12 of Hindu Marriage Act.

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(Subhash Vidyarthi, J.)

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Order Date :- 22.2.2024 Ram.

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Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench

Shivjeet v. State of U.P. Thru. Prin. Secy. Home, Lucknow and Another

Case brief

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Shivjeet v. State of U.P. Thru. Prin. Secy. Home, Lucknow and Another

Case brief

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What the court decided

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