High CourtsSingle Bench(2023) 10 MP CK 0090

Raj @ Vijay Shivhare vs Vani Shivhare

Madhya Pradesh High Court · Decided on 19 October 2023

HON’BLE JUDGES
Anand Pathak, J
CASE NUMBER
Review Petition No. 1151 Of 2023

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Judgment

6 paragraphs · 178 words

Anand Pathak, J

Heard on admission.

This is review petition under Order 47(1)(2) read with Section 114 of CPC for review of the order dated 27.7.2023 passed in WP No.17614/2023 (vide Annexure P-1) by this Court whereby direction was given for consideration to the Trial Court to complete proceedings preferred by respondents under Section 12 of Hindu Marriage Act.

It is grievance of the petitioner that earlier an application under Section 13 of the Hindu Marriage Act was preferred by respondents and vide order dated 26.4.2023, the said application was withdrawn by respondent/wife to file fresh application under Section 12 of Hindu Marriage Act. However, while allowing the application, Principal Judge, Family Court, Gwalior imposed cost of Rs.5,000/- over respondent/wife for undertaking proceedings under Section 13 of Hindu Marriage Act. Cost was not been deposited yet and respondents obtained an order without disclosing of these facts.

Issue notice to the respondents on IA. No.6012/2023 on payment of process fee within three working days through RAD mode, returnable within four weeks.

List this case in the week commencing 20.11.2023.