HEMLATA TIWARI Vs. DINESH CHANDRA TIWARI

JUDGEMENT

(1.) Heard Mr. Devesh Upreti, the learned counsel for the appellant.

(2.) The impugned order passed by the learned Judge, Family Court, Haldwani, Nainital dtd. 6/12/2021 is patently illegal. Once a stay order is passed restraining the respondent from contracting second marriage, it is improper on the part of the learned Judge to vacate the order even without an application being filed to that effect, and even without affording a reasonable opportunity of hearing to the present appellant.

(3.) Hence, the present appeal is disposed of as withdrawn with a liberty to the appellant to file an application before the learned Judge, Family Court, Haldwani, Nainital, who shall restore the order passed in that proceedings regarding stay, and shall recall the order dtd. 6/12/2021. The said application shall be filed by the appellant within a period of five working days.