Allahabad High Court · 2025-09-25
FIRST APPEAL No. 152 of 2025 at Allahabad
- Citation / case number
- FIRST APPEAL No. 152 of 2025 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- FIRST APPEAL No. 152 of 2025 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
HIGH COURT OF JUDICATURE AT ALLAHABAD FIRST APPEAL No. - 152 of 2025 Rajeev Kumar Maheshwari .....Appellant(s) Versus Smt. Kalpana Maheshwari .....Respondent(s) Counsel for Appellant(s) : Ashutosh Pratap Singh, Manoj Kumar Singh Counsel for Respondent(s) : Mayank Kumar Agrawal, Saroj Giri A.F.R. Court No. - 39 HON'BLE ARINDAM SINHA, J. HON'BLE AVNISH SAXENA, J. (Per Arindam Sinha,J.) 1. Husband in the marriage is appellant. He filed suit in respect of property purchased by him in name of his wife. The spouses have fallen out. The suit is for declaration that the purchase is not hit by subsequent amendment w.e.f., 1st November, 2016 to Prohibition of Benami Property Transactions Act, 1988. 2. Mr. Ashutosh Pratap Singh, learned advocate appears on behalf of appellant and Mr. Saroj Giri, learned advocate for respondent. Having heard them it appears there was application dated 25th March, 2023 made by respondent (wife) under rule 11 in order VII, Code of Civil Procedure, 1908. Then came impugned judgment dated 24th January, 2025. The judgment says, the plaint seeking relief under section 34 in Specific Relief Act, 1963 stands rejected by invoking section 7 of Family Courts Act, 1984 an