Appeal filed against the dismissal of a title matrimonial suit seeking restitution of conjugal rights ex parte. Delay condoned. Appeal dismissed finding no error in Family Court disposal due to safety concerns preventing conjugal life. Suit dismissed.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI First Appeal No. 162 of 2017
Kiran Mahato ….........Appellant Vrs. Shanti Devi ......... Respondent
CORAM: HON’BLE MR. JUSTICE APARESH KUMAR SINGH HON’BLE MR. JUSTICE RATNAKER BHENGRA
For the Appellant : M/s Mahavir Pd. Sinha, Santosh Kr. Jha For the Respondent :
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from him. After investigation charge-sheet was submitted against his fatherin-law, elder brother-in-law, brother-in-law and one Anil Rawani (Ext. 5). Ext.3 shows that accused were facing trial in S.T. No. 249 of 2015 , which was fixed for evidence.
(Aparesh Kumar Singh, J.)
( Ratnaker Bhengra, J.)
A.Mohanty
3 issues framed by the court
Whether the High Court should interfere with the Family Court’s dismissal of an ex parte restitution of conjugal rights suit due to safety concerns.
Whether the 35-day delay in filing the first appeal should be condoned.
Whether the impugned judgment requires interference in the appellate jurisdiction.
Kiran Mahato
Shanti Devi
Apareesh Kumar Singh
Ratnaker Bhengra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
