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2012 Supreme(All) 620

ABHINAVA UPADHYA
ANIRUDH KUMAR DWIVEDI – Appellant
Versus
PRINCIPAL JUDGE, FAMILY – Respondent


Advocates:
Counsel :
Shiv Kant Pandey for the Petitioners; S.C. for the Respondents.

JUDGMENT

Hon’ble Abhinava Upadhya, J.—By means of this writ petition the petitioners have challenged the order of the Principal Judge, Family Court, Allahabad dated [19.11.2011]1.

2. The brief facts of the case are that a marriage was solemnized between the petitioner No. 1 and petitioner No. 2 on [7.7.2007]1. Unfortunately, differences arose between them and a suit being Suit No. 181 of 2009 for dissolution of marriage under Section 13 (1)(a) of the Hindu Marriage Act, 1955 (in short the Act) was filed by the wife-petitioner No. 2 before the Family Court, Allahabad, seeking dissolution of marriage on account of cruelty by the husband and constant demand of dowry. Simultaneously, other cases were also filed under Section 498-A, 323, 504, 506 and 509 IPC and also under Section 3/4 of Dowry Prohibition Act, 1961.

3. The allegations and the counter allegations ensued and an FIR was also lodged against the husband-petitioner No. 1, which led to filing of an application under Section 482 Cr.P.C. for quashing of the FIR being Application No. 28220 of 2008.

4. This Court vide order dated 19.2.2010 referred the matter to the Mediation & Conciliation Centre, High Court, Allahabad. Before the





































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