Extracted from the PDF above. The PDF is authoritative.
Court No. - 14 Case :- MATTERS UNDER ARTICLE 227 No. - 6290 of 2024 Petitioner :- Rahul Chaurasia Respondent :- Ritu Chaurasia Counsel for Petitioner :- Anand Dubey,Abhishek,Amit Srivastava,Km. Saumya Tiwari Hon'ble Subhash Chandra Sharma,J. Sri Avanish Singh Parihar, Advocate, filed his Vakalatnama, on behalf of opposite party No.1, which is taken on record.
Learned counsel for both the parties are present. It is submitted by the learned counsel for the petitioner that the opposite party Ritu Chaurasiya is his wife who filed an application under section 125 Cr.P.C before the learned family court and it was decided finally. Thereafter, an application under section 125(3) Cr.P.C was also filed for recovery of amount of maintenance. On 4.10.2024 an application No.C-10 was moved on the part of opposite party Ritu Chaurasiya that Nisha Nag be also added to her name Ritu Chaurasia and it was allowed by the learned trial court vide order dated 4.10.2024 which cannot be said to be correct unless an application under section 125 Cr.P.C and
order passed thereon is corrected accordingly.
Learned counsel for the opposite party also agreed that an application under section 125 Cr.P.C be corrected first and then
order be got corrected accordingly. On considering the submissions made by the learned counsel for both the parties as well as perusal of record, it appears that initially the application under section 125 Cr.P.C and the order passed thereon was in the name of Ritu Chaurasiya that still remain intact. There is no mention of Nisha Nag with the name of Ritu Chaurasiya. Now an application under section 125(3) Cr.P.C has also been moved in the name of Ritu Chaurasiya and there is no mention of Nisha Nag regarding which an application No. C-10 has been allowed by the learned trial court for adding Nisha Nag with the name of Ritu Chaurasiya without getting the name of Ritu Chaurasiya corrected in the initial application under section 125 Cr.P.C and the order passed thereon, therefore, the order passed by the learned court cannot be said to be lawful and is liable to be set aside. Accordingly, this petition is allowed, giving an opportunity to the opposite party to seek remedy in this regard.
Order Date :- 27.1.2025.GS Digitally signed by :- GHAN SHYAM High Court of Judicature at Allahabad, Lucknow Bench