Disposed

Pawan Kumar v. The State Of Jharkhand And Anr.

Jharkhand HC8 Jul 2014A.B.A./1694/2013

Case brief

AI extract

What is this about?

The court directed the Principal Judge, Family Court, Jamshedpur to conduct an enquiry regarding alleged forgery of the opposite party's signature in divorce and complaint documents. The court ordered a handwriting expert examination and adjudged expenses equally. An interim order was continued pending the report.

What did the court decide?

Principal Judge, Family Court, Jamshedpur was directed to conduct an enquiry including handwriting expert examination of signatures; expenses to be shared equally by parties.

Pawan Kumar Vs The State Of Jharkhand And Anr. — Matrimonial and Divorce | Jharkhand HC (2014)

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IN THE HIGH COURT OF JHARKHAND RANCHI

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A. B. A. No. 1694 of 2013

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Pawan Kumar ... ... ... Petitioner Versus 1.The State of Jharkhand 2.Smt.Nicky Kumari ... ... Opp. Parties

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CORAM: HON’BLE MR. JUSTICE PRASHANT KUMAR

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............

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For the Petitioner : Mr. D.K. Karmakar For the State : Mr. A.K. Prasad, A.P.P. For the O.P. No.-2 Mr. P.K. Mukhopadhyay ........

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6/23.07.2013 It is submitted by learned counsel for the petitioner that present complaint petition filed on 01.04.2011, but marriage between petitioner and opposite party No. 2 had already been dissolved vide order dated 11.01.2011, passed by Principal Judge, Family Court, Jamshedpur in Matrimonial Suit No. 255 of 2010.

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However, learned counsel for the opposite party No. 2 submits that aforesaid decree was obtained by putting a imposter of opposite party No. 2 in the court of Principal Judge, Family Court, Jamshedpur. In fact opposite party No. 2 never signed on Annexure-3, (the application for divorce).

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It is further submitted that O.P. No.-2 has filed an application in the court of Principal Judge, Family Court, Jamshedpur for setting aside the order dated 11.01.2011, which is still pending.

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Since opposite party No. 2 has stated that she had not filed application for divorce by mutual consent and her application for setting aside the decree is pending before Principal Judge, Family Court, Jamshedpur vide Misc. Case No. 43 of 2011, I direct Principal Judge, Family Court, Jamshedpur to conduct an enquiry and get the signatures of opposite party No. 2 appearing on complaint petition of C/1 Case No. 1153 of 2011, plaint of

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Matrimonial Suit No. 255 of 2010 and on Misc. case No. 43 of 2011 examined by handwriting expert. Principal Judge, Family Court, Jamshedpur is also directed to take statements of Advocates, who identified the signature of opposite party No. 2 (Nicky Sharma @ Nicky Kumari) on the plaint of Matrimonial Suit No. 255 of 2010. Principal Judge, Family Court, Jamshedpur is further directed to send his enquiry report to this Court within three months from the date of receipt of this order.

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It is made clear that expenses incurred in the examination of signatures of opposite party No. 2 will be equally borne by petitioner and opposite party No. 2.

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Put up this case after three months.

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In the meantime, interim order passed on 14.05.2013 will

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continue.

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(Prashant Kumar, J.)

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Binit

Pawan Kumar v. The State Of Jharkhand And Anr.

Case brief

What is this about?

What did the court decide?

Pawan Kumar v. The State Of Jharkhand And Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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