Hon'ble Mahendra Dayal,J.
Ms. Akansha alias Jaya has submitted photocopies of the documents in Court today which are taken on record.
The appellant has come up before this Court against the order passed by Family Court on 12.04.2012 and this Court vide order dated 22.08.2013 disposed of the appeal on an undertaking given by the parties that they will live together. An assurance was also given by the Shri Brijendra Mohan Shukla that he will take his wife where he is posted and perform his matrimonial obligations. But subsequently, Ms. Akansha came to know that her husband Shri Brijendra Mohan Shukla has entered into a second marriage with Ms. Gudia Tiwari, D/o Shri Satroghan Tiwari, R/o 529/344 Rahim Nagar, Lucknow on 12.05.2013 and as such she has lodged the F.I.R. against her husband at the concerned police stations.
In these circumstances she has moved the instant application for modification of the order date 22.08.2013.
Both the parties are present today before this Court. Ms. Akansha alias Jaya has produced the relevant documents in support of her allegations of second matrimonial alliance. On perusal of the photocopy of the certificate, which is numbered as Kha/114 dated 12.05.2013 issued by Arya Samaj, Mahavirganj, Aliganj, Lucknow, it seems that Shri Brijendra Mohan Shukla has entered into matrimonial alliance with Ms. Gudia Tiwari. In the certificate his age is shown as 30 years and that of Ms. Gudia Tiwari as 19 years. She has also produced the photocopy of the Affidavit which has been executed by Shri Brijendra Mohan Shukla. The said affidavit carries passport size photograph of the appellant Brijendra Mohan Shukla as well as bears his signatures, which is sworn and verified by Shri A.K. Srivastava, Advocate Notary. She has also produced the photocopy of Passport as well as Driving License issue under Motor Vehicle Act, by the competent authority, photocopy of the bank pass book, and photocopy of voter I.D. Card for identification. She has also produced the photocopy of the voter I.D. of Shri Surendra Kumar Shukla and Driving License of Shri Anil Yadav, who were the witness to the said marriage.
Shri Brijendra Mohan Shukla did not dispute his photographs which is affixed on the Affidavit, but dispute his signature. In order to verify the same we ask him to sign on the back side of the photocopy of the registration before us. On bare perusal the signatures, so signed by Shri Brijendra Mohan Shukla before this Court and that on an affidavit, it appears that both the signatures are identical.
Under these circumstances, we summoned and direct that Shri A.K. Srivastava, Advocate Notary, witnesses Shri Surendra Kumar Shukla and Shri Anil Yadav as well as Ms. Guida Tiwari, D/o Shri Satroghan Tiwari, R/o 529/344 Rahim Nagar, Lucknow to appear in person to assist the Court on 25.02.2014 at 10.15 a.m. Brijendra Mohan Shukla and Akansha, who are present today shall also appear on the next date.
Order Date :- 24.2.2014 Anurag/-