Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 1246 of 2009 Petitioner :- Rajesh Rastogi @ Pintu Respondent :- Smt. Urvesh Gupta
Petitioner Counsel :- Dharmendra Kr. Gupta
Respondent Counsel :- Umesh Chandra Tiwari
Hon’ble Krishna Murari, J.
Heard learned counsel for the petitioner.
Learned counsel for the petitioner states that notices that the case
would be taken up as mentioned case has been refused to be
accepted by learned counsel appearing for the respondent.
It is contended that without considering the evidence brought on
record which went to demonstrate that the respondent, on her own
sweet will, left the matrimonial house with an outsider and also
performed marriage with him in temple and on the FIR being
lodged by the petitioner, she was recovered by the police, the
application for interim maintenance has wrongly and illegally been
allowed.
Prima facie, there appears to be force in the submission and the
matter needs scrutiny.
In such circumstances, let fresh notices be issued to the
respondent, who may file counter affidavit. Petitioner shall take
steps for service of notice on the respondent by registered post
within 10 days. Office shall issue notices returnable at an early
date.
List for admission after service of notice on the respondent.
Considering the facts and circumstances, until further orders of
this Court, the effect and operation of the impugned order dated
31.10.2009 passed by Additional District Judge, Court No. 2,
Badaun granting interim maintenance shall remain stayed.
02.04.2010
VKS/ WP 1246/09