Dismissed¶¶15

Rupesh Kumar Poddar v. Kumari Kirandeep

Jharkhand HC2 Feb 2026C.M.P./61/2026

Case brief

AI extract

What is this about?

High Court of Jharkhand at Ranchi; C.M.P. No. 61 of 2026; Justice Rajesh Kumar; decided 02.02.2026; matrimonial dispute; ex parte proceeding; recall of ex parte order dated 21.01.2025; Family Court Dhanbad; O.S. No. 859 of 2023; wife avoided participation despite pendency; Apex Court order dated 13.08.2024 in Transfer Petition (C) No. 27 of 2024; fair contest / opportunity to wife to contest suit; no illegality in impugned orders; C.M.P. dismissed; petitioner Rupesh Kumar Poddar; opposite party Kumari Kirandeep; advocate Shailesh Kr. Singh.

What did the court decide?

A matrimonial dispute between husband and wife should be fairly contested, and the learned Family Court, Dhanbad rightly gave the wife (opposite party) a chance to contest the case. ¶¶12

Rupesh Kumar Poddar Vs Kumari Kirandeep — Jharkhand HC (2026) — LawSathi Research

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2026:JHHC:2644

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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C.M.P. No. 61 of 2026

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Rupesh Kumar Poddar, aged about 43 years S/o Bhola Poddar, R/o Sindri Colony, P.O. & P.S. Nirsa, Dist. Dhanbad …....... Petitioner(s)

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Vrs.

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Kumari Kirandeep, D/o Shyamanand Poddar, W/o Rupesh Kumar Poddar, R/o Jagarnathpuri, Barmasia, Katihar, P.O. & P.s. Mirchaibari, DistrictKathihar, Bihar .......... Opposite Party(s)

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CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Petitioner : Mr. Shailesh Kr. Singh, Advocate

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02/02.02.2026 Three orders are worth to be noted down i.e., order dated 21.01.2025, 11.02.2025 and 04.11.2025 passed by the learned Family Court, Dhanbad in O.S. No. 859 of 2023, which have been impugned in the present C.M.P.

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It is a matrimonial dispute, although the wife deliberately avoided to participate in the proceeding, which is evident from the order dated 13.08.2024 passed by the Apex Court in Transfer Petition(s) (Civil) No(s). 27 of 2024 (Annexure-2).

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Thus, the wife was aware regarding the pendency of the suit, still she has not participated and accordingly, the learned Family Court, Dhanbad posted the matter vide order dated 21.01.2025 for ex parte proceeding. On 11.02.2025 a petition was filed for recalling the order dated 21.01.2025 regarding initiation of the ex-parte proceeding and also to allow the defendant to participate in the proceeding. The order dated 21.01.2025 has thereafter been recalled vide order dated 04.11.2025.

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Even though, it has been sought to be shown by the learned counsel for the petitioner that petitioner-husband was present in the Court’s premises on 04.11.2025 but it has been wrongly recorded that petitioner was not present.

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It is a matrimonial dispute between the husband and wife which should be fairly contested and the learned Family Court, Dhanbad has rightly given a chance to the wife to contest the case.

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1 C.M.P No.61 of 2026

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2026:JHHC:2644

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