Mohammad Khalid vs State of U.P. Thru. Prin. Secy. Home Deptt. Lucknow and 2 Others

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Court No. - 29

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Case :- CRIMINAL REVISION No. - 8 of 2024

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Revisionist :- Mohammad Khalid

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

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Counsel for Revisionist :- Prashansa Singh Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Renu Agarwal,J.

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Matter is taken up. Learned counsel for the revisionist is present along with learned A.G.A.

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The present revision under Section 19 (4) of the Family Court Act against the judgment and order dated 14.12.2023 passed by learned Additional Principal Judge, Family court Faizabad in Case No. 250 of 2013 under Section 126(2) Cr.P.C by which the application of revisionist moved under Section 126 Cr.P.C was allowed subject to cost of Rs. 1,55,000/-

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It is primarily submitted that the respondent No. 2 is not the wife of the present revisionist. The marriage is said to have been solemnized in the year 1993 whereas the application for maintenance is filed in the year 2013 when the son of the opposite party No. 2 has become major. It is also submitted that the learned trial court has failed to consider the fact that the opposite party No.2 is not the wife of the revisionist.

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It transpires from the record that in the application moved by the opposite party No2. under Section 125 Cr.P.C, no averment is made regarding the marriage of opposite party No.2 withe the

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present revisionist.

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Admit.

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Summon the lower court records.

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Issue notice to the opposite party Nos. 2 and 3.

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List this matter after six weeks.

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Application for interim relief shall be considered on the next date of listing.

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(Renu Agarwal,J.)

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Order Date :- 5.1.2024 Nadeem

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Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad, Lucknow Bench

Mohammad Khalid v. State of U.P. Thru. Prin. Secy. Home Deptt. Lucknow and 2 Others

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Mohammad Khalid v. State of U.P. Thru. Prin. Secy. Home Deptt. Lucknow and 2 Others

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