Smt. Anuradha And Another vs State Of U.P. And 3 Others
2021 Latest Caselaw 10877 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 79
 

 
Case :- WRIT - C No. - 3501 of 2021
 

 
Petitioner :- Smt. Anuradha And Another
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Rajendra Kumar Yadav,Anant Vaibhav,Dilip Kumar Upadhyay
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajiv Joshi,J. 

Ref:- Civil Misc. Recall/Review Application No. 4 of 2021

Heard Sri Dilip Kumar Upadhyay, learned counsel for petitioner no. 1 and Sri Rajendra Kumar Yadav, appearing on behalf of petitioner no. 2.

Learned counsel for petitioner no. 2 states that he does not suppose to file counter affidavit to the recall application as his client i.e. petitioner no. 2 was not responding, in spite of this fact the registered notice has been sent to him.

The order dated 04.02.2021 was obtained by the petitioner no. 2 alleging the petitioner no. 1 to be his wife but in fact she never married as stated in para no. 6 and even forged documents has been annexed alongwith the writ petition in order to obtain the order. In para no. 7 of the application it is further stated that petitioner no. 2 made pressure upon petitioner no. 1 and her family members forcibly for living with him, although the petitioner no. 1 is not ready to live with the petitioner no. 2 and in fact he is harassing the petitioner no. 1. Since no allegation has levelled by the petitioner no. 1 against the petitioner no. 2. allegations are serious in nature even the said allegation are not denial.

Under these circumstances, this Court has no option, but to recall the order dated 04.02.2021.

The recall application stands allowed. The judgment and order dated 04.02.2021 is hereby recalled.

Order Date :- 25.8.2021

Vikram