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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CIVIL MISC REVIEW APPLICATION DEFECTIVE No. - 138 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, J.
Order on I.A. No.1 of 2025:
1. The application seeks condonation of delay in filing the review application.
2. Cause shown is sufficient.
3. Delay in filing the review application is condoned.
4. The application is allowed.
Order on Review Application:
5. Present application has been filed seeking review of an order passed by this Court on 10.07.2025 in Transfer Application (Civil) No.112 of 2025 whereby the proceedings were transferred from Lucknow to Jhansi.
6. What transpires from the supplementary affidavit on record is that proceedings under Section 125 of Cr.P.C. initiated by the transfer applicant are pending at Jhansi. Apart from the same, a case under Domestic Violence Act is also pending at Jhansi whereas the divorce proceedings are pending at Lucknow.
7. It is stated that the review applicant is posted at Jammu & Kashmir and is employed with Intelligence Bureau. Versus Counsel for Applicant(s) : Smt. Nalini Prakash Jain Counsel for Opposite Party(s) : Ashwani Kumar .....Applicant(s) Deepshikha .....Opposite Party(s)
8. Considering the fact that even the maintenance fixed by the Court is not being paid in full and the fact that two proceedings are pending at Jhansi, no good ground for review is made out.
9. Present review application is accordingly dismissed.
10. The review applicant may move an application for consolidation of the cases pending at Jhansi which shall be consolidated and shall be
disposed off together.
11. The review applicant would also be entitled to move an application not to appear on all the dates and if possible to appear through Video Conferencing.
12. At this stage, learned counsel for the review applicant states that applicant will withdraw the application seeking recall of the order whereby maintenance was fixed under Section 125 Cr.P.C.
13. In case the applicant withdraws the recall application, both the cases shall be decided expeditiously preferably within a period of one year.
14. In case the application seeking recall of the order under Section 125 Cr.P.C. is not withdrawn, direction for conclusion of the proceedings within one year will not be given effect to. September 4, 2025 nishant CMRAD No. 138 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench