The High Court of Jharkhand allowed an interim application filed by the appellant to withdraw a First Appeal concerning a matrimonial suit. Subsequent to the withdrawal, the appeal was dismissed as withdrawn.
Application for withdrawal of First Appeal allowed; First Appeal dismissed as withdrawn.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI (Civil Appellate Jurisdiction)
FA No. 313 of 2017
Deepak Kumar Pal, son of Nibaran Pal, resident of Village- Ganpura, PO + PS Pakuria, District Pakur, Jharkhand … …. Appellant
Versus
Sonali Pal, wife of Deepak Kumar Pal, daughter of Akshay Pal, resident of village-Ganpura, PS- Pakuria, District- Pakur (Jharkhand), at present resident of village- Kamarhati, PO Kherbona, PS Rampurhat District- Birbhum, (West Bengal) … …. Respondent
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CORAM : HON’BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON’BLE MR. JUSTICE RATNAKER BHENGRA
For the Appellant(s) : Mr. Sunil Kumar Dubey, Advocate For the Respondent : Mr. Shashi Kant Thakur, Advocate ------ O R D E R
17th November 2022
Per, Shree Chandrashekhar,J.
The present First Appeal has been filed against the judgment dated 28th February 2017 passed in Title Matrimonial Suit No. 10 of 2012, by which the petition filed by the appellant seeking a decree of divorce on the ground of cruelty and desertion has been dismissed on contest.
“12/ 26.08.2019 It is submitted by learned counsel for the
FA No. 313 of 2017
appellant that both the parties may be asked to be present in the Court, as there are chances that the appellant husband shall agree to take the wife along with him. As regards the payment of the maintenance is concerned, it is submitted that due to some difficulty, the payments could not be made.
Learned counsel for the respondent also submits that the respondent is also readily to live with her husband appellant.
Let the matter be listed on 16th September, 2019, on which date, both the parties shall be present in the Court in person.
On that date, the appellant shall also make payment of Rs.1,000/- to the respondent, for traveling and incidental expenses and for coming to this Court from Birbhum (West Bengal).”
appellant.
“5 That it is stated that the petitioner prays for withdrawal of the present First Appeal therefore the Hon'ble Court may graciously be pleased to allow this Interlocutory Application filed for withdrawal of the present First Appeal.
6. That it is stated that the petitioner further that if the present Interlocutory Application is not allowed then the petitioner shall suffer irreparable loss.”
withdrawn.
(Shree Chandrashekhar, J.)
(Ratnaker Bhengra, J.)
Jharkhand High Court, Ranchi Dated: 17th November, 2022 Nibha-NAFR
Deepak Kumar Pal
Sonali Pal
Shree Chandrashekhar
Ratnaker Bhengra
As recorded by the court registry
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