The High Court of Jharkhand dismissed the appeal challenging a divorce decree, as it was withdrawn by the appellant mother-in-law after being informed of the husband's remarriage. A separate maintenance application was allowed by the Family Court.
Withdrawal of appeal allowed; appeal dismissed.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
F. A. No. 281 of 2018 with
I. A. No. 11246 of 2018 with I. A. No. 4603 of 2019
Bimla Pandit … …. Appellant Versus Bhavesh Prasad Pandit … .... Respondent.
CORAM : HON'BLE MR. JUSTICE H. C. MISHRA HON'BLE MR. JUSTICE DEEPAK ROSHAN
For the Appellant : M/s Brij Bihari Sinha & Ashish Kumar Shekhar, Advocates For the Respondent : Mr. Anjani Nandan, Advocate
On the last occasion when this matter was taken up, we had directed the Family Court below to decide the application filed under Section 25 of the Hindu Marriage Act expeditiously, as we are informed that the matter was at the final stage of hearing.
Today, the certified copy of the order dated 15.02.2020, passed by learned Principal Judge, Family Court, Bokaro, in Civil Misc. Case No. 01/2019, has been produced before us, which shows the application filed by the present appellant under Section 25 of the Hindu Marriage Act, has been allowed on contest and the respondent Bhawesh Prasad Pandit has been directed to pay the maintenance of Rs. 18,000/- per month from the date of filing of the application, to the appellant wife.
Let the certified copy of order dated 15.02.2020 passed in Civil Misc. Case No. 01/2019 be kept on record.
On 23.01.2020, while disposing of I.A. No. 9968 of 2018, we are informed by learned counsel for the respondent that the husband has not yet married. However, learned counsel for the appellant produces
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before us a voter list to show that the respondent has already remarried and the name of his present wife is also mentioned in the voter list.
Be that as it may, on the basis of the voter list, it is submitted by learned counsel for the appellant that the appellant is no more interested in pursuing this appeal, in which, the decree of divorce is under challenge, as the husband has already remarried. Learned counsel for the appellant, accordingly, prays for withdrawal of this appeal.
This appeal is accordingly, dismissed as withdrawn. Pending interlocutory applications also stand disposed of, in view of the final order dated 15.02.2020, passed by learned Principal Judge, Family Court, Bokaro, in Civil Misc. Case No. 01/2019, on the application under Section 25 of the Hindu Marriage Act.
(Deepak Roshan, J.)
R.Kr.
2 issues framed by the court
Whether the appeal challenging the divorce decree should be allowed or dismissed given the husband's remarriage?
Whether to allow the withdrawal of the appeal regarding the divorce decree.
1 provisions across 1 enactments
Bimla Pandit
Bhavesh Prasad Pandit
H. C. Mishra
Deepak Roshan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
