Gaurav Vashney Vs State Of U.P. & Another

Allahabad High Court (Single Judge)

MATTERS UNDER ARTICLE 227, 3641 of 2015, Judgment Date: Jul 24, 2015

Case :- MATTERS UNDER ARTICLE 227 No. - 3641 of 2015
Petitioner :- Gaurav Vashney
Respondent :- State Of U.P. & Another
Counsel for Petitioner :- Sumit Pandey
Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J.
By means of this petition under Article 227 of the Constitution of India,
the petitioner has challenged the order dated 23 May 2015 passed by
the Principal Judge, Family Court, Aligarh whereby, the application filed
by the second respondent under Order 9, Rule 13 read with section 151
CPC, has been allowed and the decree dated 7 March 2014 in Marriage
Petition No. 970 of 2012 has been set-aside.
Against the said order, an appeal would lie under section 19 of the
Family Courts Act, 1984. In such view of the matter, this Court declines
to entertain this petition under Article 227 of the Constitution of India.
The petition is accordingly dismissed with liberty reserved in favour of
the petitioner to avail the alternative remedy.
(Manoj Kumar Gupta, J.)
Order Date :- 24.7.2015