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2025 DAILYLAW 47949 (ALL)

DR. HARISH CHANDRA YADAV @ NANHKU BHAIYA v. KM. SHARMISHTHA SHARMISHTHA @ SHARMILA

A227/4240/2025 · 2025-04-28

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:66221 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4240 of 2025 Petitioner :- Dr. Harish Chandra Yadav @ Nanhku Bhaiya Respondent :- Km. Sharmishtha Sharmishtha @ Sharmila Counsel for Petitioner :- Lal Chandra Srivastava,Neeraj Srivastava Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayers:- "i) Set-a-side the entire proceeding of Case No. 490 of 2025 (Sharmishtha Yadav Vs. Dr. Harish Chandra @Nanhku Bhaiya) initiated by summon dated 07-04-2025 issued by the Principal Judge Family Court Prayagraj (Annexure-1 to the petition). ii) Issue a direction to the Principal Judge Family Court, Prayagraj not to proceed further with case no. 490 of 2025 pending before him, so long the Criminal Revision no. 2470 of 2021 (Harish Chandra Yadav Vs. State of U.P. and other pending before Hon'ble High Court is finally decided." It is contended that Case No. 490 of 2025 has been filed by plaintiff-respondent under Section 20(iii) of Hindu Adoptions and Maintenance Act, 1956 in which summons have been issued on 07.04.2025. The prayer made in the writ petition is for quashing the entire proceedings of Case No. 490 of 2025 and also prayer has been made for staying further proceedings. It is only summons which has been issued by Principal Judge, Family Court, Prayagraj. If the petitioner is aggrieved, he may appear before the court and file his written statement and also file his objections as to non maintainability of the said case. Writ petition filed under Article 227 of Constitution of India is not maintainable. The writ petition is misconceived and stands dismissed. Order Date :- 29.4.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad