Rampal Ahirwar vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Rampal Ahirwar vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Cause-title amendment permitted to implead the prosecutrix as opposite party-5; hearing adjourned with the matter to re-appear as fresh on 12.05.2025 upon filing of a supplementary affidavit bringing on record the marriage registration certificate of the parties/application under the U.P. Marriage Registration Rules, 2017; interim direction that no coercive action shall be taken by the Court below against the applicant till the next date fixed.

Issue for consideration

Whether the prosecutrix should be impleaded as a party respondent (proposed opposite party-5) through amendment of the cause title of the application. +2 more

Court's answer

Finding the applicant's prayer to implead the prosecutrix as opposite party-5 bona-fide and unopposed by the learned A.G.A. and the first informant's counsel, the Court allowed the amendment of the cause title and directed that the necessary amendment/correction be carried out by the applicant's counsel during the course of the day.

Ratio / Principle

As the parties' marriage registration certificate, or the application for grant of such certificate under the U.P. Marriage Registration Rules, 2017, had not been brought on record, the Court adjourned the hearing of the application.

Key takeaways

The matter shall re-appear as fresh on 12.05.2025.ratio¶¶14
On the next date, the learned counsel for the applicant is directed to file a supplementary affidavit bringing on record the parties' marriage registration certificate, or the application for grant of such certificate under the U.P. Marriage Registration Rules, 2017.ratio¶¶15
Considering that the applicant has solemnized marriage with the prosecutrix, that a daughter was born from the wedlock, and that the parties alongwith their children are living together as a happy family, the Court, as an interim measure, directed that no coercive action shall be taken by the Court below against the applicant till the next date fixed.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Rajeev Misra, J.) — Rampal Ahirwar v. State of U.P. & 3 Others, Application U/S 482 No. 2773 of 2025 (order dated 21.04.2025): The applicant's counsel submitted that the applicant had solemnized marriage with the prosecutrix and sought impleading of the prosecutrix as opposite party-5 by amending the cause title; the prayer, being bona-fide and unopposed, was allowed the same day. As the parties' marriage registration certificate or the application for its grant under the U.P. Marriage Registration Rules, 2017 was not on record, the hearing was adjourned; the matter is to re-appear as fresh on 12.05.2025, when the applicant's counsel is to file a supplementary affidavit bringing the certificate/application on record. As an interim measure, considering the marriage, the birth of a daughter from the wedlock, and the parties living together as a happy family with their children, the Court directed that no coercive action shall be taken by the Court below against the applicant till the next date fixed. No precedent was cited or engaged with; no final adjudication was made.

Court No. - 70

Case :- APPLICATION U/S 482 No. - 2773 of 2025

Applicant :- Rampal Ahirwar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Yatish Kumar Dwivedi Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Misra,J.

Heard Mr. Yatish Kumar Dwivedi, the learned counsel for applicant, the learned A.G.A. for State-opposite party-1 and Mr. Dilip Kumar Singh, the learned counsel representing first informant opposite party-2.

Supplementary affidavit filed by the learned counsel for applicant in Court today, is taken on record.

Perused the record.

At the very outset, the learned counsel for applicants submits that applicant has solemnized marriage with the prosecutrix. However, due to inadvertence the prosecutrix could not be impleaded as party respondent in present application. It is next contended by the learned counsel for applicant that in view of subsequent development that have taken place the prosecutrix is now a necessary and proper party in present application. As such, the present application cannot be decided in the absence of prosecutrix. He, therefore, seeks permission of the Court to amend the cause title of this application by impleading the prosecutrix as party respondent/ opposite party-5.

Prayer made by the learned counsel for applicant is bona-fide. Same is not opposed by the learned A.G.A and the learned counsel representing first informant opposite party-2.

Accordingly, it is allowed.

Let necessary amendment/correction in the cause title of this application be carried out by the learned counsel for applicant during course of the day.

Considering the facts and circumstances of the case that marriage registration certificate of the parties/application for grant of marriage registration certificate in terms of U.P. Marriage

Registration Rules, 2017 has not been brought on record, therefore, the hearing of this application is adjourned.

Matter shall re-appear as fresh on 12.05.2025.

On the next date, the learned counsel for applicant shall file a supplementary affidavit bringing on record the marriage registration certificate of the parties/application for grant of marriage registration certificate in terms of U.P. Marriage Registration Rules, 2017.

Considering the fact and circumstances of the case that applicant has solemnized marriage with the prosecutrix and from the aforesaid wedlock a daughter was born and the parties alongwith their children are living together as a happy family, therefore, as an interim measure, it is hereby provided that no coercive action shall be taken by Court below against applicant till the next date fixed.

Order Date :- 21.4.2025 Imtiyaz

Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad