Jharkhand High Court
) Sanjay Rawani vs ) The State Of Jharkhand on 24 September, 2024
Author: Ratnaker Bhengra
Bench: Ratnaker Bhengra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.Rev. No. 1123 of 2023
1) Sanjay Rawani,son of Shambhu Rawani, R/o Telipara Po Ps Dist
Dhanbad .. .. ..Petitioner
--VERSUS--
1) The State Of Jharkhand
2) Sonu Kumari, w/o Sanjay Rawani, r/o Vill Lusadih Po Bagdaha
Ps Rajganj Dist Dhanbad ... ..Opp. Parties
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CORAM: HONBLE MR. JUSTICE RATNAKER BHENGRA
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For the Petitioner : Mr. SOUMITRA BAROI, Adv
Mr.RAKESH KUMAR NO 2, Adv
For the State : Mr. ARUP KR DEY, Adv
05/DATED: 24-09-2024
IA No. 10446 of 2024
When the matter is called out, the learned counsels for the parties
are present.
1. That the instant interlocutory application is being filed on behalf
of the petitioner praying before this Hon'ble Court for staying the
operation/ implementation/ execution of the impugned judgment dated
28.07.2023 passed in Original Maintenance Case No. 494 of 2018 during
the pendency of the present case; and
For staying the operation/ implementation/ execution of the order
dated 28.08.2024 in E.P (O.M) 494/2018 passed by I/C Additional
Principal Judge Family Court, Dhanbad whereby and whereunder
Distress Warrant for appearance of the petitioner has been issued, during
the pendency of the present case.
2. That it is stated and submitted that in the instant case, factum of
marriage itself is in dispute.
3. That as a matter of fact, the petitioner has never solemnized marriage
with opposite party no.2.
4. That the opposite party no.2 has not brought any chit of paper to
substantiate her claim about the marriage.
5. That in contrary to the claim of marriage, the opposite party no.2
herself has lodged Baliapur P.S. Case No. 63 of 2018 on 29.05.2018 and
in the same, she has not even whispered about the marriage with this
petitioner.
6. That on the one hand at the time of filing of the instant maintenance
suit, the opposite party no.2 has claimed that they have solemnized
marriage on 02.11.2017, but while lodging F.I.R. against this petitioner
on 29.05.2018, she has not whispered about their marriage.
7. That while the opposite party no.2 has been examined before the
doctor in relation to Baliapur P.S. Case No. 63 of 2018, she introduced
herself as unmarried.
8. That on the one hand, the opposite party no.2 has filed case under
Section 376 of the Indian Penal Code and she is contesting the same and
at the same time, she has filed instant maintenance suit and claims about
their marriage.
9. That the opposite party no.2 cannot be allowed to blow hot and cold at
the same time.
10. The learned counsel for the State has opposed the prayers made by
the petitioner in the present interlocutory application and submitted that
notice needs to be issued to OP No.2 before any relief can be allowed to
the petitioner.
11.Having heard learned counsels for the parties and in the facts and
circumstances on record, noted the submissions and also the
submissions made regarding the criminal nature as well as the facts as
indicated in the maintenance case and noting the same, I am inclined
to allow the prayer regarding staying the operation/ implementation/
execution of the order dated 28.08.2024 in E.P (O.M) 494/2018 passed
by I/C Additional Principal Judge Family Court, Dhanbad, till the next
date of hearing.
12. Meanwhile Issue notice to Opposite Party No.2 in both interlocutory
application as well as criminal revision, through registered cover with
A/D as well as by ordinary process for which requisites etc. to be filed
within two weeks.
13. It is reminded to call for the scanned copy of lower Court records
from the concerned learned Court below.
14. Accordingly, list this case on 29.10.2024.
(Ratnaker Bhengra, J.)
Abha/
