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Judgment
Prafulla C. Pant, J.—This revision is directed against the order dated 12.05.2010, passed by Shri Brijendra Singh, Incharge Judge Family Court, Udham Singh Nagar, Camp Court, Kashipur in suit No. 325 of 2009 Satendra Kumar v. Ranjana whereby said court has stayed the final order dated 24.09.2008, passed in criminal miscellaneous case No. 206 of 2006 u/s 125 of Cr.P.C.
Learned Counsel for the revisionist submitted that the proceedings u/s 125 of Cr.P.C., (misc. case No. 206 of 2006) decided on 24.09.2008, stood finalised as none of the parties to matrimony challenged the said proceedings. It is contended that it is grave abuse of process of law on the part of Judge Family Court, Udham Singh Nagar, to stay the proceedings by an interim order in a suit subsequently filed u/s 11 of Hindu Marriage Act, 1955.
Perusal of the order dated 24.09.2008, passed by Family Judge Court, Udham Singh Nagar in miscellaneous case No. 206 of 2006 shows that in the written statement filed in the case u/s 125 of Cr.P.C., the respondent Satendra Kumar had nowhere challenged validity of marriage with the present revisionist rather he had pleaded that he had filed a suit u/s 9 of the Hindu Marriage Act, for Restitution of Conjugal Rights before the Bijnor Court. It appears that after the proceedings u/s 125 of Cr.P.C., were finalised against the respondent, he took somersault and instituted suit No. 325 of 2009 u/s 11 of Hindu Marriage Act, 1955, for declaring his marriage with the revisionist, as void, and in said proceedings an interim relief application was moved for staying the proceedings finalised u/s 125 of Cr.P.C.
It is grave abuse of process of law on the part of the officer concerned to stay the operation of the final order passed u/s 125 of Cr.P.C., in the manner as stated above.
Admit the revision.
Issue notices to respondent Satendra Kumar. Registry is directed to call for the explanation of the officer Shri Brijendra Singh, Incharge Judge Family Court, Udham Singh Nagar, within a period of 15 days, for his above conduct. After the explanation is received in the matter, the Registrar General shall place the papers before Hon''ble the Chief Justice for further necessary action if needed, on administrative side of the court.
List after service of notice on the respondent. Meanwhile, it is directed that operation of the order dated 12.05.2010, passed by Judge Family Court, Udham Singh Nagar, in suit No. 325 of 2009, is stayed until further orders of this Court and execution proceedings in respect of the order passed u/s 125 of Cr.P.C., shall not be treated to have been stayed, by an order in a suit. (Stay application No. 614 of 2010, stands disposed of).