Wahengbam Shriman Netaji v. Laithangbam Sophia Devi

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IN THE HIGH COURT OF MANIPUR AT IMPHAL

CRP (C.R.P. Art. 227) No. 33 of 2025

Wahengbam Shriman Netajit Petitioner Vs. Laithangbam Sophia Devi Respondent Clubbed with MC [CRP (C.R.P. Art. 227)] No. 49 of 2025

BEFORE HON'BLE THE CHIEF JUSTICE MR. KEMPAIAH SOMASHEKAR

(ORDER)

08.07.2025

Heard learned counsel for the petitioner/applicant, Mr. M. Rakesh, who is present before the Court physically. MC [CRP (C.R.P. Art. 227)] No. 49 of 2025 has been filed under Section 151 of the CPC read with Article 227 of the Constitution of India and whereby seeking interim stay of the impugned ex-parte interim order dated 30.06.2025 passed by the Family Court, Imphal East in Judl. Misc. Case No. 262 of 2025 arising out the proceeding in Mat. (Div) Suit No. 43 of 2025. The same has been challenged under proceeding in CRP (C.R.P. Art. 227) No. 33 of 2025 and the proceeding in MC [CRP (C.R.P. Art. 227)] No. 49 of 2025, the applicant is seeking some sort of stay of the impugned order as rendered by the Family Court. KABORAMBA M SANDEEP SINGH Date: 2025.07.10 10:55:44 +05'30'

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However, the proceeding in Mat. (Div) Suit No. 43 of 2025 as initiated by the wife as under the relevant provisions of Hindu Marriage Act, 1955 for seeking divorce. However, the main proceeding is pending for adjudicatory process in between the petitioner and the respondent therein. In the meanwhile of the initiation of the proceeding in Judl. Misc. Case No. 262 of 2025 and wherein the Family Court has rendered ex-parte interim order dated 30.06.2025 and the same is required to be seeking stay the impugned order. Therefore, keeping in view the reasons stated in the application and also keeping in view the scope of Section 151 of CPC that there is no limit to exercise the inherent power, either effecting or affecting any orders under the scope, that is the first limb of the said provision of law, the second limb of the said provision of law relating to preventing the abuse of process of law, whereas the third limb of the said provision of law is securing the ends of justice, the aforesaid limb of the said provision of law are applicable to both the parties in the proceeding. Therefore keeping in view the scope of Section 151 of the CPC are concerned, it is deemed appropriate that the ex-parte interim order as rendered by the Family Court in Judl. Misc. Case No. 262 of 2025 dated 30.06.2025 is hereby stayed till the next date of hearing.

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In the meanwhile, learned counsel, Mr. Sh. Athoi, is coming on record on behalf of the respondent by filing caveat under Section 148A of the CPC and the said counsel be permitted to file, if any, necessary application for seeking dissolution of the order. Accordingly, MC [CRP (C.R.P. Art. 227)] No. 49 of 2025 is hereby disposed of. Registry is directed to print the name of Mr. Sh. Athoi, counsel for the petitioner in the cause list in CRP (C.R.P. Art. 227) No. 33 of 2025, accordingly be listed on 23.07.2025.

CHIEF JUSTICE Sandeep