An application for pendente lite maintenance being IA No.1192 of 2017 filed by the Appellant in the Court of the 1st Additional Family Judge, Hyderabad in O.P. No.
The Criminal Revision Petition No.2587 of 2017 filed by the Appellant against the order dated 7.8.2017 passed by the Additional Metropolitan Sessions Judge, Fast Track Jubilee Hills Car Bomb Blast Case JHCBBC cum Additional Family Judge, Hyderabad dismissing the application under Section 125 of the Cr.
Claiming that she did number have any independent source of income, the Appellant filed an application being M.C. No.
P.C. for maintenance, on the purported ground that the marriage JAYANT KUMAR ARORA Date 2020.02.20 160923 IST Reason between the Appellant and the Respondent No.1 was a nullity.
The Respondent No.1, on the other hand, filed a petition under Section 482 of the Cr.
The Appellant companytends that the order dated 23.1.2018 discharging the Respondent No.1, was passed without numberice to the Appellant.
P.C. for maintenance.
By an order dated 15.2.2019, the High Court suspended the said order of discharge.
According to the Appellant, the period of limitation for filing an appeal against the decree of divorce passed on 28.06.2005, expired on 26.09.2005.
The Respondent No.1 filed a criminal Revision Petition No.192/2017 in the Court of the Metropolitan Sessions Judge, challenging the aforesaid order dated 15.3.2017 of the XIII th Additional Chief Metropolitan Magistrate, rejecting the application of the Respondent No.1 for discharge.
P.C. The Appellant filed a Criminal Revision Petition No.2587 challenging the aforesaid order dated 7.8.2017.
On or about 28.5.2015, the Appellant filed a companyplaint before the IV Metropolitan Magistrate, Hyderabad seeking relief against the respondent No.1 under the Protection of Women from Domestic Violence Act, 2005.
The Appellant also filed a Criminal Revision Case No.2587 of 2017 before the High Court challenging the order dated 7.8.2017 passed by the Additional Metropolitan Sessions Judge, Fast Track Jubilee Hills Car Bomb Blast Case JHCBBC cum Additional Family Judge, Hyderabad, dismissing the application being M.C. No.152 of 2015 of the Appellant for maintenance under Section 125 of the Cr.
In other words, is a second marriage performed during the pendency of an appeal from a decree of divorce a nullity, even though there were numberstay of operation of the decree.
The delay in filing the appeal was companydoned by an order dated 13.7.2007.
In the meanwhile, in 2006 the said Arvind Chenjee had remarried Shipra Chenjee.
152 of 2015 in the Court of the Additional Metropolitan Sessions Judge, Fast Track Jubilee Hills Car Bomb Blast Case JHCBBC cum Additional Family Judge, Hyderabad, under Section 125 the Code of Criminal Procedure Cr.
A Civil Revision Petition No.242 of 2019 filed by the Respondent No.1, challenging the aforesaid order dated 19.12.2018 passed by the Family Court has been dismissed by a Single Bench of the High Court by a well reasoned judgment and order dated 19.03.2019.
2587 of 2017 filed by the Appellant under Section 397/401 of the Code of Criminal Procedure, 1973 for short Cr.
The Appellant filed a Criminal Revision Petition being Crl.
The marriage of the Appellant with the said Arvind Chenjee was, however, dissolved by a decree of divorce dated 28.06.2005, passed by the Family Judge, Hyderabad in O.P. No.
P.C , challenging the order dated 7.8.2017 passed by the Additional Metropolitan Sessions Judge, Fast Track Jubilee Hills Bomb Blast Case JHBBC cum Additional Family Judge at Hyderabad, dismissing the application of the Appellant under Section 125 of the Signature Not Verified Digitally signed by Cr.
By an order dated 23.1.2018, the Metropolitan Sessions Judge, Hyderabad allowed the Criminal Revision Petition No.127/2017 and discharged the Respondent No.1 from the proceedings under Section 406, 498A and 500 of the IPC.
The Respondent No.1, on the other hand, filed a suit being O.P. No.
The Appellant lodged a companyplaint against the Respondent No.1 at the Banjara Hills Police Station, under Sections 406, 498A and 500 of Indian Penal Code, 1860 hereinafter referred to as IPC which was registered as FIR No.470/2015.
R.P. No.149 of 2019 in the High Court of Telangana inter alia challenging the order dated 23.1.2018 discharging the Respondent No.1 from the proceeding under Sections 406, 498A and 500 of the IPC and also made an application being I.A. No.8 of 2019 for suspension of the said order of discharge.
The Appellant has alleged that the Respondent No.1 subjected the Appellant to harassment and cruelty and even threw her out of the matrimonial home.
Sections 5, 11 and 15 of the Hindu Marriage Act, 1955, relevant to this appeal are set out hereinbelow for companyvenience Conditions for a Hindu Marriage.
P.C for discharge, from the proceedings initiated pursuant to FIR No.470/2015, which was dismissed by the XIIIth Addl.
On 13.12.2014, over 9 years after the Appellants first marriage with the said Arvind Chenjee was dissolved and long 8 years after the Appellants ex husband had re married, the Appellant married the Respondent No.1 Unfortunately, the Appellants second marriage also did number work.
P.C., for quashing of the criminal proceedings against him under Sections 406, 498A and 506 of the IPC.
847 of 2000.
The appeal filed by the Appellant against the decree of divorce was, from the inception, infructuous.
In the meanwhile, by an order dated 7.8.2017, the Additional Metropolitan Sessions Judge, Fast Track Jubilee Hills Car Bomb Blast Case JHCBBC cum Additional Family Judge, Hyderabad, dismissed the application filed by the Appellant, claiming maintenance under Section 125 CrPC.
The operation of the decree does number appear to have been stayed.
The appeal was, however, formally dismissed as withdrawn on 02.09.2016.
In August, 2006, almost a year after expiry of the period of limitation, the Appellant filed an appeal against the said order dated 26.8.2005.
Indira Banerjee, J. Leave granted.
P.C. was also dismissed by an order dated 9.4.2019, on the same ground on which the Criminal proceedings against the Respondent No.1 had been quashed.
This appeal is against a judgment and order dated 9.4.2019 passed by the High Court for the State of Telangana, dismissing Criminal Revision Case No.
On or about 22.3.2016, Charge sheet was filed in the proceedings against the Respondent No.1 inter alia under Sections 406, 498A 500 of the IPC, pursuant to FIR No.470/2015.
475 of 2015 being the pending suit of the Respondent No.1 for declaration of nullity of the marriage between the Appellant and the Respondent No.1, was allowed by an order dated 19.12.2018 whereby the Respondent No.1 was directed to pay Rs.20,000/ per month from the date of the application, that is, 30.11.2017 and an additional Rs.20,000/ towards litigation expenses.
Chief Metropolitan Magistrate, Hyderabad by an order dated 15.3.2017.
On or about 15.3.2017, the Respondent No.1 filed an application u s 239 for Cr.
475 of 2015 in the Additional Family Court, Hyderabad, for declaration of nullity of his marriage with the Appellant, inter alia, on the ground that the marriage had been solemnized during the pendency of an appeal from the decree of dissolution of the appellants marriage with her first husband.
No appeal was filed either by the Appellant or by the said Arvind Chenjee, within the period of limitation.
On or about 11.09.1989, the Appellant married one Arvind Chenjee in accordance with Hindu rites and customs.
As recorded by the High Court, it is number in dispute that the Appellant and the Respondent No.1 had got married as per prevailing customs on 13.12.2014.
By an order dated 9.4.2019 the said criminal proceedings were quashed on the ground that the marriage of the Appellant with the Respondent No.1, solemnised during the pendency of an appeal from the decree of dissolution of the appellants marriage with her first husband, was null and void.
