In a criminal revision filed before the Allahabad High Court against the refusal of the revisionist’s (wife) application under Section 125 of the Code of Criminal Procedure, 1973, by the Principal Judge, Family Court, Kushinagar, a Single Judge Bench of Justice Divesh Chandra Samant asked for a report regarding the rights and duties of Additional Chief Standing Counsel in view of his appearance on behalf of a private party in the present matter.
In a previous hearing on 02-12-2025, the revisionist stated that she was willing to live with her husband (opposite party 2), but the husband asserted that there was no chance of a settlement between them, leading to the case being heard on merits.
The counsel appearing on behalf of the husband was also the Additional Chief Standing Counsel, and hence, his appearance was opposed by the revisionist, who contended that he could not appear for a private party in a matter in which the State of U.P. was also a party.
The Court granted counsel for the husband two weeks’ time to submit the required provisions before the Court.
Further, the Court asked the Principal Secretary (Law) and L.R. about the rights and duties of the Additional Chief Standing Counsel regarding his appearance on behalf of a private party as counsel. Thus, they were directed to submit a report having the requisite provisions within two weeks.
The matter has now been listed after two weeks.
Appearances:
For Revisionist – Mr. Upendra Kumar Mishra
For Opposite Party(s) – G.A., Indrasen Singh Tomar
