Smt. Asha And Anr. vs The State Of U.P Thru Secy., Home ...
2014 Latest Caselaw 2408 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- U/S 482/378/407 No. - 2944 of 2014
 

 
Applicant :- Smt. Asha And Anr.
 
Opposite Party :- The State Of U.P Thru Secy., Home Deptt., Lucknow And Anr.
 
Counsel for Applicant :- Anoop Kumar Upadhyay
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ajai Lamba,J.

Learned counsel appearing for the petitioners contends that petitioner nos.1 and 2 having attained age of majority got married with their own freewill. Respondent no.2, i.e. father of petitioner no.1, however, did not accept the marriage and impugned proceedings have been initiated.  Proceedings are liable to be quashed, as they are abuse of process of Law and Process of the Court. It has also been pointed out that the petitioners have a child out of the wedlock.

Learned counsel for the petitioners undertakes to file an affidavit of petitioner no.1.

Issue notice to respondent no.2 through Chief Judicial Magistrate, Gonda, returnable on 5.8.2014.

List on 5.8.2014.

In the meantime, for the facts and circumstances noted above, proceedings in Criminal Case No.2716 of 2013 (State v. Vijay Kumar), Crime No.89 of 2012 under Sections 363 and 366 I.P.C., Police Station Dhaneypur, District Gonda, shall remain stayed.

Petitioners and respondent no.2 shall remain present in Court on the next date of listing.

Order Date :- 2.7.2014

A.Nigam