Ameeya Krishna Dixit vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

Ameeya Krishna Dixit vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim order: three days' time granted to the revisionist to file the affidavit explaining material concealment; respondent Nos. 2, 3 and 4 excused from further appearance while the revisionist is to remain present; case listed for 29.07.2025 among the top 20 cases.

Issue for consideration

Whether respondent No. 2 would proceed to mediation/live with the revisionist despite the alleged second marriage contracted by the revisionist during the subsistence of their marriage, and whether mediation serves any purpose absent an undertaking to break the second marriage. +1 more

Court's answer

The Court observed that although the revisionist denied solemnizing any second marriage, he could not show any contradiction to the facts mentioned in the order dated 31.01.2025, in which the proof of the marriage of the revisionist is on record before the trial court.

Ratio / Principle

The revisionist was directed to file an affidavit explaining why the revision was filed with material concealment (non-disclosure of his appearance before the learned Addl. Chief Judicial Magistrate around January 2025), with the revision liable to be dismissed with heavy costs; three days' time was granted to file the affidavit.

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Court No. 12) — CRIMINAL REVISION DEFECTIVE No. 222 of 2025, Ameeya Krishna Dixit (Revisionist) v. State of U.P. & 3 Ors.; Hon'ble Rajnish Kumar, J.; order dated 23.7.2025. Background: on the complaint of respondent No. 2 bearing C.I.S. No. 45092 of 2023 (Smt. Shipra v. Ameeya Krishna Dixit & ors.), an investigation report was called by the learned Magistrate and proof of solemnization of marriage came on record, upon which the revisionist, his father-in-law Sri Rama Shanker Dixit and mother-in-law Smt. Pratima Dixit were summoned under Sections 452, 323, 427 and 494, I.P.C. by order dated 31.01.2025. Respondent No. 2 stated she was ready for mediation to live with the revisionist only if he gave an undertaking to get his alleged second marriage broken, and she declined mediation for divorce; counsel for respondent No. 2 submitted that a second marriage during the subsistence of the first is void. The revisionist denied solemnizing any second marriage but could not contradict the facts in the order dated 31.01.2025. On admitting that he had appeared before the learned Addl. Chief Judicial Magistrate around January 2025 without disclosing this in the revision, the Court directed him to file within three days an affidavit explaining the material concealment, the revision being liable to dismissal with heavy costs. Respondent Nos. 2–4 excused from further appearance; revisionist to remain present; case listed for 29.07.2025 in the top 20 cases.

Court No. - 12

Case :- CRIMINAL REVISION DEFECTIVE No. - 222 of 2025

Revisionist :- Ameeya Krishna Dixit

Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Revisionist :- Vaibhav Srivastava,Shashank Tripathi Counsel for Opposite Party :- G.A.

Hon'ble Rajnish Kumar,J.

Sri Sarvesh Kumar Mishra, Advocate, has filed vakalatnama on behalf of respondent Nos. 2, 3 and 4, which is taken on record.

In deference to the previous order passed by this Court revisionist and respondent No. 2 alongwith respondent Nos. 3 and 4 are present in person. They have been identified by their respective counsels.

On a query, respondent No. 2 states she is ready for mediation for going to live with the revisionist, but since the revisionist has married again, therefore, if he gives an undertaking that he will get the second marriage broken, then she is ready to go and live with the revisionist and she does not want to go for mediation for divorce.

Learned counsel for the respondent No. 2 submits that during subsistence of the first marriage, the second marriage is void as per law. He further submits that in the complaint filed by the respondent No. 2 bearing C.I.S. No. 45092 of 2023; Smt. Shipra v. Ameeya Krishna Dixit & ors., an investigation report was called by the learned Magistrate from the Police and the proof of solemnization of marriage have come on record and considering the same, the revisionist alongwith father-in-law Sri Rama Shanker Dixit and mother-in-law Smt. Pratima Dixit have been summoned under Sections 452, 323, 427, 494, I.P.C. by means of the order dated 31.01.2025, therefore, unless the revisionist is ready to get the second marriage declared as void, no purpose would be served by the Mediation.

On a query, the revisionist states that he is ready to take the respondent No. 2 and their children with him and live together. He, on a query regarding the second marriage, states that he has not solemnized any marriage after the marriage with the respondent No. 2. However, he could not show any contradiction to the facts mentioned in the aforesaid order dated 31.01.2025, in which the proof of the marriage of the revisionist are on record before the trial court. In regard to his second marriage, he states nothing and only states that he has not

married.

On a further query as to whether he has put in appearance in the criminal court before the learned Addl. Chief Judicial Magistrate in the aforesaid case, he admits that he has put in appearance in that case around January 2025, but this fact has not been disclosed in the present revision, therefore, he is directed to file an affidavit as to why the revision has been filed with material concealment and it may not be dismissed with heavy costs.

As payed, 3 days' time is granted to file the affidavit.

List this case on 29.07.2025 in top 20 cases .

On that date, respondent Nos. 2, 3 and 4 need not appear again, whereas the revisionist shall remain present on the next date.

( Rajnish Kumar, J. )

Order Date :- 23.7.2025 A.Nigam

Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench