C528/2127/2025
2025 Latest Caselaw 6027 UK

Uttarakhand High Court

C528/2127/2025 on 2 December, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

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                                  C528 No.2127 of 2025
                                  With
                                  C528 No.2129 of 2025
                                  Hon'ble Pankaj Purohit, J.

Mr. Hari Om Bhakuni, Advocate for the applicants.

2. Mr. Akshay Latwal, A.G.A. for the State.

3. C528 No.2127 of 2025 has been filed by the mother- in-law, father-in-law and sister-in-law.

4. C528 No.2129 of 2025 has been filed by the husband.

5. By means of these C528 applications, the applicants have put to challenge the summoning order dated 13.10.2025, passed by learned Civil Judge (J.D.)/Judicial Magistrate, Lansdown, Pauri-Garhwal in Misc. Criminal Case No.2 of 2025, Prachi Khati and another Vs. Anil Singh Bisht, under Section 12 of the Protection of Women from Domestic Violence Act, 2005, (hereinafter referred to as "Act of 2005").

6. It is contention of the applicants that the marriage was solemnized between Anil Bisht and Prachi Khati and the said marriage was dissolved by a judgment and decree dated 04.08.2025 in Matrimonial Case No.130 of 2025, Anil Bisht Vs. Prachi Khati, on the basis of a compromise entered into between the parties. In the said decree it has already been stated in paragraph number three that the respondent-wife was given maintenance for one time settlement and it has also been agreed that son of the applicant - Anil Bisht and Prachi Kahti shall be taken care of by respondent no.2 - wife and his expenses shall also be borne by the wife herself, despite the aforesaid settlement and dissolution of marriage between the parties the present application under

the provision of the Act of 2005 has been moved.

7. Having heard learned counsel for the applicant and having perused the judgment, this Court is of the view that there is some substance in the submission of the counsel for the applicants.

8. Issue notice to respondent no.2, returnable within four weeks.

9. Steps to be taken within a week.

10. List these cases on 23.03.2026.

11. In the meantime, proceedings of Misc. Criminal Case No.2 of 2025, Prachi Khati and another Vs. Anil Singh Bisht, pending in the court of learned Civil Judge (J.D.)/Judicial Magistrate, Lansdown, Pauri-Garhwal, shall remain stayed.

12. Stay Application(s) (IA No.1 of 2025) stand disposed-off accordingly.

(Pankaj Purohit, J.) 02.12.2025 SK