In this first appeal regarding matrimonial orders, the High Court admitted the petition and granted an interim stay on the impugned family court decree until the case is listed for interim relief.
Stayed the operation of the impugned order dated 07.01.2025 until the next hearing on 28.03.2025.
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Court No. - 9 Case :- FIRST APPEAL No. - 32 of 2025 Appellant :- Smt. Nausheen Siddiqui Respondent :- Mohd. Shahnawaj Counsel for Appellant :- Katyayan Mishra,Mahendra Kumar Verma,Mohd. Rafi Khan
Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
1. Heard.
2. This appeal has been filed with the following main prayer:-
"This Hon'ble Court may kindly be pleased to allow the appeal and set aside the judgment dated 07.01.2025 passed by Additional Principal Judge, 2nd Family Court, Barabanki in Case No. 561 of 2020 (Mohd. Shahnawaj Vs. Smt. Nausheen Siddiqui) otherwise the appellant will suffer huge and irreparable loss and/or pass such other and further relief which the Hon'ble Court may deem fit and proper under the circumstances of the case."
3. It has been submitted by the learned counsel for the appellant that the learned trial court has failed to consider that the appellant had not been given any prior notice of "Oral Talaq". No evidence regarding pronouncing of 'Talaq' in different points of time was produced by indicating the date and time of such pronouncement. It has been submitted that in case the operation of the impugned decree is not stayed, the appellant shall suffer irreparable loss, as the decree was of granting freedom to the respondent to marry again.
4. Admit.
5. Issue notice to the respondent.
6. Steps be taken within a week.
7. List on 28.3.2025 for the purposes of interim relief.
8. Till the next date of listing, effect and operation of the impugned order dated 07.01.2025 passed by Additional Principal Judge, 2nd Family Court, Barabanki in Case No. 561 of 2020 shall remain stayed.
[Brij Raj Singh, J.] [Sangeeta Chandra, J.]
Order Date :- 14.2.2025 Anuj Singh
Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench
Smt. Nausheen Siddiqui
Mohd. Shahnawaj
Sangeeta Chandra
Brij Raj Singh
As recorded by the court registry
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