Allahabad High Court
A227/7449/2025 of RAJENDRA KUMAR SRIVASTAVA Vs SHIVANGI SRIVASTAVA on 19 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 7449 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioner and perused the record. 2. The petitioner has approached this Court for following main relief(s) :- " a ) to set aside the
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
MATTERS UNDER ARTICLE 227 No. - 7449 of 2025
Court No. - 16
HON'BLE BRIJ RAJ SINGH, J.
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1. Heard learned counsel for the petitioner and perused the record.
2. The petitioner has approached this Court for following main relief(s) :- "a) to set aside the impugned recovery order dated 07.11.2025 along with the order dated 08.12.2025 passed by the Learned Additional Principal Judge, Court No. 5, Family Court, Lucknow in Criminal Case no. 69 of 2019, titled as "Km. Shivangi Srivastava Vs. Rajendra Kumar Srivastava", and all consequential orders thereof, annexed as ANNEXURE NO. 1 and ANNEXURE NO. 2 respectively to the instant petition.
b) to issue suitable directions to the Learned Additional Principal Judge, Court No. 5, Family Court, Lucknow to decide the application of the Petitioner dated 08.08.2024 in Case no. 69/2019 titled as "Km. Shivangi Srivastava Vs. Rajendra Kumar Srivastava" for dismissal of the application under 125 Cr.P.Con the ground of maintainability, expeditiously, within the time frame fixed by this Hon'ble Court, annexed as ANNEXURE NO. 14 to the instant Petition."
3. It has been submitted by learned counsel for the petitioner that an ex- parte order was passed on 16.05.2023 against the petitioner. The petitioner moved an application under Section 126(2) CrPC, which was allowed on 05.04.2024 and the order dated 16.05.2023 was recalled. Versus Counsel for Petitioner(s) : Amol Kumar Srivastava, Padmakar Nath Tripathi, Rakesh Kumar Counsel for Respondent(s) :
Rajendra Kumar Srivastava .....Petitioner(s) Shivangi Srivastava .....Respondent(s)
4. It has been further submitted that respondent is pressing for compliance of the order, which has already been recalled by the Court below and the recovery warrant has been issued.
5. These are factual aspects. The petitioner could have filed an application for recall of order before the Court below and the petition under Article 227 of Constitution of India is not maintainable.
6. The petition is disposed of with liberty to the petitioner to approach the Court below.
December 19, 2025 Mohit Singh/- A227 No. 7449 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench