Quashed
Shivcharan v. Smt Seema and Anr.
Rajasthan HCCRLR/338/2017
Case brief
AI extract
What is this about?
In a special leave petition under Section 125 CrPC, the High Court of Rajasthan quashed an interim order striking off the respondent's defence. Relying on civil procedure principles and precedent, the Court held the respondent was entitled to present her defence as the petitioners voluntarily waived their right to it, and struck down the earlier interference in the stay order.
What did the court decide?
The Order dated 25-01-2017 striking off the respondent's defence is quashed under Article 125 BNSS; respondent's continued defence allowed; original interim order on maintenance stands restored.