AO/280/2021
2021 Latest Caselaw 5348 UK

     IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL

                    SRI JUSTICE S.K. MISHRA, A.C.J.
                                AND
                     SRI JUSTICE N.S. DHANIK, J.

27TH DECEMBER, 2021

APPEAL FROM ORDER No. 280 OF 2021

Between:

Hemlata Tiwari.

...Appellant and

Dinesh Chandra Tiwari.

...Respondent

Counsel for the appellant. : Mr. Devesh Upreti, the learned counsel.

Counsel for the respondent. : None for the respondent.

The Court made the following:

JUDGMENT : (per Sri S.K. Mishra, A.C.J.)

Heard Mr. Devesh Upreti, the learned counsel

for the appellant.

2. The impugned order passed by the learned

Judge, Family Court, Haldwani, Nainital dated

06.12.2021 is patently illegal. Once a stay order is

passed restraining the respondent from contracting

second marriage, it is improper on the part of the learned Judge to vacate the order even without an

application being filed to that effect, and even without

affording a reasonable opportunity of hearing to the

present appellant.

3. Hence, the present appeal is disposed of as

withdrawn with a liberty to the appellant to file an

application before the learned Judge, Family Court,

Haldwani, Nainital, who shall restore the order passed in

that proceedings regarding stay, and shall recall the

order dated 06.12.2021. The said application shall be

filed by the appellant within a period of five working

days.

4. In case any further application is filed by the

respondent for vacation of the stay, the same shall be

considered on its merits, after affording a reasonable

opportunity of hearing to the present appellant.

5. This appeal is, hereby, disposed of.

6. There shall be no order as to costs.

7. Urgent certified copy of this judgment be

granted to the parties on proper application during the

course of the day.

________________ S.K. MISHRA, A.C.J.

_____________ N.S. DHANIK, J.

Dt: 27th December, 2021 Rahul