Shri Om Shankar Mishra And 2 Others vs State Of U.P. And 2 Others
2013 Latest Caselaw 3254 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- APPLICATION U/S 482 No. - 19454 of 2013
 

 
Applicant :- Shri Om Shankar Mishra And 2 Others
 
Opposite Party :- State Of U.P. And 2 Others
 
Counsel for Applicant :- Hari Bans Singh
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Arvind Kumar Tripathi,J.

Learned counsel for the applicant contended that Rahul Mishra, the son of the applicant no.1 expired due to ill behaviour of his wife, opposite party  no.2, her parents and other family members. She is in job at District Kannauj.  Subsequently to harass the applicants she lodged a complaint under Protection  of Women From  Domestic Violence Act, 2005.  No notice has been served upon the applicants.  The applicant no.3 is daughter of the daughter of the applicant no.1  and 2 and she has also been implicated in the present case.  House No.38/3 was transferred by the applicants in favour  of one Smt.Rajana Srivastava and the possession has already been handed over. Since the correct facts were not placed, hence the learned Magistrate by impugned order dated 14.2.2013 directed to permit her to live in that house.

Issue notice to the opposite party no.2 & 3 returnable at an early date.

List in the third week of July, 2013.

Till the next date of listing, further proceeding of Complaint Case No.218/13 (Alka Mishra and another vs. Om Shankar Mishra and others under section 17, 18, 19, 20, 22 Domestic Violence Act pending in the court of A.C.J.M. Kannauj shall remain stayed.

Order Date :- 3.6.2013

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