OM PRAKASH TEWARI v. PRINCIPAL JUDGE FAMILY COURT SULTANPUR and ANR.
A227/5833/2020 · 2025-04-29
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137057 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137057 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:24595 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 5833 of 2020 Petitioner :- Om Prakash Tewari Respondent :- Principal Judge Family Court Sultanpur And Anr. Counsel for Petitioner :- Shiwa Kant Tiwari,Anjani Kumar Dvivedi Counsel for Respondent :- Rudra Mani Shukla,Saurabh Srivastava Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the parties.
2. The present petition has been file challenging the order dated 18.01.2020, whereby an application filed by the petitioner for not pressing his petition under Section 9 of the Hindu Marriage Act was dismissed with a cost of Rs.10,000/-.
3. The order impugned records that during the pendency of the proceedings, an order of interim maintenance was passed, which was subsequently recalled and thereafter an application was preferred for not pressing the application under Section 9 of the Hindu Marriage Act.
4. It is well settled that the petitioner does not want to press his petition, he cannot be forced to do so. Thus, the order impugned cannot be sustained and is quashed.
5. The respondent would be at liberty to initiate appropriate proceedings for grant of maintenance, if so advised, in accordance with law.
6. The petition stands disposed of. Order Date :- 29.4.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench