The High Court in CRLREV No.380 of 2018 dismissed a revision petition challenging dismissal of proceedings under section 12 of the P.W.D.V. Act. The court found no illegality in the lower courts holding the issue of second marriage for final adjudication.
Revision petition dismissed; impugned order dated 13.08.2018 survives. Issue urgent certified copy.
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CRLREV No.380 OF 2018
The petitioner by filing this revision has assailed an order dated 16.03.2018 passed by the learned Sessions Judge, Jajpur in Criminal Appeal No.21 of 2017 confirming the order dated 14.02.2017 passed by the learned S.D.J.M., Jajpur in Crl. Misc. Case No.55 of 2016.
This petitioner being the opposite party in the original proceeding under section 12 of the P.W.D.V. Act has filed a petition for dismissal of the proceeding on the ground of second marriage of the opposite party and further banking upon the fact that she is now residing with the said person as husband and wife. The court below on going through the petition averments and upon hearing the parties has said that the issue would stand to be decided at the time of final adjudication of the case in holding the entitlement of the opposite party to the reliefs claimed in the proceeding before it. The petitioner having preferred an appeal has not been able to achieve success.
Heard learned counsel for the petitioner and learned counsel for the opposite party.
Considering the submissions made and on going through the orders passed by the courts below; this Court finds no such illegality or impropriety in the impugned order so as to entertain this revision.
Accordingly, this revision stands dismissed. The impugned order dated 13.08.2018 does no more survive. Issue urgent certified copy as per rules.
……………………..
D. Dash, J.
H
2 issues framed by the court
Whether the revision petition filed under section 12 of the P.W.D.V. Act merits interference due to alleged second marriage of the opposite party.
Whether there was any illegality or impropriety in the impugned orders confirmed by the Sessions Judge and S.D.J.M.
1 provisions across 1 enactments
Petitioner in CRLREV No.380 of 2018
Opposite party in original proceeding
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
