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High Court Of ChhattisgarhCRR/719/2015disposed off

Tekchand Rajput v. Smt. Poonam Agrawal

2015-08-31Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Revision No. 719 OF 2015 Tekchand Rajput, S/o Indal Singh Rajput, aged about 58 years, Caste Rajput, R/o Bawaghat, Champa, Tahsil and P.S. Champa, Civil and Revenue District Janjgir-Champa, Chhattisgarh ---- Applicant

Versus

Smt. Poonam Agrawal, W/o Tekchand Rajput, aged about 37 years Caste Agrawal, R/o Barchapara, Champa, Tahsil Champa, Distt. Janjgir-Champa, Chhattisgarh ---- Non-applicant For Applicant :

Mr. Wasim Miyan, Advocate _____________________________________________________________ Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 31/08/2015 1.

Heard on admission.

2.

By this criminal revision, applicant assails the order dated 27/07/2015 passed by Principal Judge, Family Court, Janjgir, District JanjgirChampa (C.G.) in Case No.34/2015. 3.

Learned counsel for the applicant submits that applicant's application under Section 13 of the Family Courts Act, 1984 has been rejected without assigning any reason and without keeping in view the decision rendered by this Court in Criminal Revision No.538/2015 (Rupesh @ Rupeshwar Patel Vs. Ku. Siddhi Patel) decided on 09/07/2015, therefore, applicant be granted liberty to file fresh application before the Family Court. 4.

Prayer appears to be fair and reasonable.

5.

No reason has been assigned by the Family Court to reject the application filed by the applicant.

6.

Applicant is at liberty to file fresh application under Section 13 of the Family Courts Act, 1984. If such an application is filed, the Family Court is directed to decide the same after giving an opportunity of hearing to the parties and keeping in view the law laid down by this Court in Criminal Revision No.538/2015 (Rupesh @ Rupeshwar Patel Vs. Ku. Siddhi Patel) decided on 09/07/2015.

7.

With the aforesaid observation, criminal revision stands finally disposed off.

Sd/- (Sanjay K. Agrawal) JUDGE Tiwari