Citation : 2023 Latest Caselaw 18255 MP
Judgement Date : 1 November, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
ON THE 1 st OF NOVEMBER, 2023
CRIMINAL REVISION No. 3219 of 2023
BETWEEN:-
1. SMT. RITYA GULATI KHOSLA W/O SHRI GIRISH
KHOSLA, AGED ABOUT 43 YEARS, OCCUPATION:
HOUSE WIFE 106 ROYAL PALACE 12/2 NEW
PALASIA DISTRICT INDORE (MADHYA PRADESH)
2. VEER KHOSLA MINOR THR GUARDIAN SMT.
RITYA GULATI KHOSLA W/O GIRISH KHOSLA,
AGED ABOUT 43 YEARS, OCCUPATION:
HOUSEWIFE 106 ROYAL PALACE 12/2 NEW
PALASIA DISTRICT INDORE (MADHYA PRADESH)
.....PETITIONERS
(SHRI PRATEEK MAHESHWARI, LEARNED COUNSEL FOR THE
PETITIONER ).
AND
GIRISH KHOSLA S/O LATE RAMESH KHOSLA, AGED
ABOUT 47 YEARS, OCCUPATION: SERVICE B 34 VENUS
APARTMENT R.G. THADANI MARG, VARLI SEAFACE,
MUMBAI (MAHARASHTRA)
.....RESPONDENTS
(MS.SUDHA SHRIVASTAVA, LEARNED COUNSEL FOR THE RESPONDENT
[R-1]).
T h is revision coming on for orders this day, t h e cou rt passed the
following:
ORDER
1.This revision petition has been filed on behalf of the petitioners under Section 19(4) of Cr.P.C. against the order dated 23.05.2023, passed by learned Additional Principal Judge, Family Court, Indore passed in MJC No. 2085/2017.
Signature Not Verified Signed by: VARSHA DUBEY Signing time: 04-11-2023 12:30:33
2.During the course of arguments, learned counsel for the petitioners submitted that he wants to withdraw the Revision with the prayer that Trial Court may appreciate the judgment passed in the case of Rajnesh Vs. Neha and another (2021) 2 SCC 324, Shamima Farooqui Vs. Shahid Khan (2015) SCC 705, Jaspreet Singh Vs. Swaneet Kukreja 2022 SCC Online Del 363 which will be filed by him and pass the final order after considering the contention of the petitioners.
3.In reply, learned counsel for the respondent submitted that she should also be permitted to file judgments, passed in the case of Shilpa Agarwalla Vs. Naveen Tayal (2018) 1 Gauhati Law Reports 344, Niharika Ghosh
alias Niharika Kundu Vs. Shankar Ghosh MAT. APP.(F.C.) 248/2019, Kalyan Dey Chowdhury Vs. Ria Dey Chowdhury Nee Nandy (2017) 14 SCC 200, and the Family Court may consider the same.
4.In view of the aforesaid submissions, the Revision is disposed of with a direction to the Trial Court to pass the order after considering the relevant judgments and it is also directed that the Court should not be influenced by the impugned order.
With the aforesaid direction, the petition stands disposed of. It is made clear that this Court has not expressed any opinion on the merits of the case.
(PREM NARAYAN SINGH) JUDGE VD
Signature Not Verified Signed by: VARSHA DUBEY Signing time: 04-11-2023 12:30:33
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