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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23151 of 2025 Court No. - 47 HON'BLE RAJEEV MISRA, J.
HON'BLE DR. AJAY KUMAR-II, J.
1. Heard Mr. Raj Karan Yadav, the learned counsel for petitioner and learned A.G.A. for the State-respondents 1 and 2.
2. Perused the record.
3. Challenging in this writ petition is to the First Information Report dated 29.08.2025, in Case Crime No. 268 of 2025, under Sections 87, 64 B.N.S., Police Station Girwan, District Banda.
4. At the very outset, learned A.G.A. has raised a preliminary objection by contending that there is no such document on record on the basis of which, it cannot be concluded that parties have duly solemnized marriage. Subsequently, the petitioner has divorced the first informant-respondent-3 on the basis of an alleged affidavit, copy of which has been annexed as Annexure-3 to this writ petition.
5. We are afraid that such an affidavit can recognize the marital relationship between the parties and also divorce bereft of section 13 of Hindu Marriage Act.
6. In view of the above, we decline to interfere with the impugned First Information Report.
7. This writ petition is, accordingly, dismissed. October 13, 2025 Monika Versus Counsel for Petitioner(s) : Raj Karan Yadav Counsel for Respondent(s) : G.A. (Dr. Ajay Kumar-II,J.) (Rajeev Misra,J.) Shatrughan .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad