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2025 DAILYLAW 202372 (ALL)

BABY NAVISHA DIXIT THRU. MOTHER KRISHNA TIWARI v. NAVEEN DIXIT

A227/6232/2025 · 2025-10-17

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6232 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. 2. This petition under Article 227 of the Constitution of India has been filed seeking following main relief (s) :- "a) To direct the Learned Additional Principal Judge, Family Court, Lucknow to decide the application dated 17.03.2025 filed in the matter under Section 125 of the Code of Criminal Procedure, 1973, Criminal Misc. Case No. 787 of 2023, Titled as Baby Navisha Dixit And Another Vs Naveen Dixit; pending before the learned Additional Principal Judge-4, Family Court, Lucknow, expeditiously in the interest of justice." 3. Learned A.G.A., at the very outset, raised a preliminary objection regarding maintainability of this petition stating that the petitioner has a statutory remedy under Section 529 of the B.N.S.S., 2023. 4. On being confronted after taking note of the aforesaid, learned counsel for the petitioner states that he may be permitted to withdraw the instant petition with liberty to the petitioner to avail the remedy as available under the law. 5. Accordingly, the instant petition is dismissed as withdrawn with liberty, as prayed for. 6. Office is directed to return certified copy of the papers/documents, if any, annexed with this petition to the learned counsel for the petitioner as per rules in this regard. October 17, 2025 Arun/- Versus Counsel for Petitioner(s) : Soma Pandey, Mukul Sudhir Pandey, Shashank Dwivedi, Shashi Dwivedi Counsel for Respondent(s) : (Saurabh Lavania,J.) Baby Navisha Dixit Thru. Mother Krishna Tiwari .....Petitioner(s) Naveen Dixit .....Respondent(s) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench