(1.) Challenge in this petition is made to the proceeding of Misc. Case No.296 of 2015, Smt. Mariyam vs. Naushad Ali, under Sec. 125 of the Code of Criminal Procedure, 1973 (for short, "the Code"), pending before the Judge, Family Court, Camp Haldwani, District Nainital (for short, "the case").
(2.) The respondent filed an application under Sec. 125 of the Code, which is basis of the case. A notice was issued to the petitioner. At this stage, challenge is made to the proceedings. Respondent had filed counter affidavit, but at the time of hearing, none represents the respondent. Petitioner has also filed a supplementary affidavit.
(3.) Heard learned counsel for the petitioner and perused the record.