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2019 Supreme(All) 843

ANIL KUMAR, SAURABH LAVANIA
Anamika Mishra @ Rani – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
Suresh Chand Rathour, Adv., Akhilesh Kumar, Adv., Dilip Kumar Pandey, Adv., P.K. Sharma, Adv., Anwar Alam, Adv., Vimal Kishor Singh, Adv.

JUDGMENT :

Saurabh Lavania, J.

Heard learned counsel for the appellant and learned counsel for the respondent.

2. By means of the present appeal, the appellant has challenged the impugned judgment dated 30.01.2019 passed by Additional Principal Judge, Family Court, Lucknow.

3. Learned counsel for the appellant submits that the impugned judgment dated 30.01.2019 passed by Additional Principal Judge, Family Court, Lucknow is an ex-parte order and was passed without providing any opportunity of hearing to the appellant. The appellant's application for recall of order dated 28.08.2018 (order to proceed ex-parte) was also not taken note of by the court below while passing the judgment under appeal. As such, the impugned judgment is liable to be interfered.

4. Learned counsel for the respondent submits that in the present case, the appellant has filed a case under Section 12 of Hindu Marriage Act registered as Original Suit No.2656 of 2015 in the Court of Additional Principal Judge, Family Court, Lucknow. In the said matter, date was fixed, which was in the knowledge of the appellant and the appellant/Smt. Anamika Mishra @ Rani willfully and deliberately did not appear before the court below.

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