Court No. - 49
Case :- APPLICATION U/S 482 No. - 10009 of 2018 Applicant :- Mohd. Muslim Opposite Party :- State Of U.P. And 2 Other Counsel for Applicant :- Kedar Nath Mishra Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned AGA for the State.
This application under Section 482 Cr.P.C. has been filed to quash the recovery warrant dated 6.3.2018, passed by the Principal Judge, Family Court, Deoria in Execution Case No.63 of 2015 (Raishun Nisha Vs. Mohd. Muslim) under Sections 125 Cr.P.C., as well as entire proceeding of the above-mentioned case.
It is submitted that opposite party no.2 had earlier married one Jainuddin who has instituted a suit for restitution of conjugal rights with the said opposite party no.2.
In view of the above, it is submitted that the order dated 24.1.2015, is not liable to be executed during the pendency of proceedings for restitution of conjugal rights.
At present, it is seen that the order dated 24.1.2015, was passed, the fact of the proceedings instituted by Jainuddin was not brought on record.Therefore, the recovery proceedings initiated in pursuance of said order cannot be faulted .
Accordingly, the present application lacks merit and does not warrant any interference, leaving it open to the applicant to institute such proceedings as he may be advised.
The application stands disposed of. Order Date :- 28.3.2018 Shalini