High Court directed petitioner seeking remarrying permission to file representation before District Magistrate with time limits instead of granting immediate relief in writ petition.
Petitioner directed to file representation before District Magistrate within four weeks; Magistrate to pass orders within six weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20417 of 2019
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Rubi Kumari @ Rubi Devi W/o Late Sandeep Kumar Singh Vill. and P.o.Ramchandrapur, P.s.- Tawe, Distt.- Gopalganj
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Umeshanand Pandit For the Respondent/s : Mr.Smt.Binita Singh (Sc28)
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
3 19-11-2019
The simple prayer of the petitioner in the present case is that the petitioner wants to re-marry and for that purpose, she seeks permission from the respondent State authorities.
Having regard to the limited prayer made by the petitioner, as aforesaid, I deem it fit and proper to relegate the petitioner to the remedy for filing an appropriate representation before the District Magistrate, Gopalganj within a period of four weeks from today whereupon, the District Magistrate, Gopalganj shall consider the prayer of the petitioner sympathetically and pass appropriate orders, in accordance with law, within a period of six weeks, thereafter.
The present writ petition stands disposed of on the
Patna High Court CWJC No.20417 of 2019(3) dt.19-11-2019 2/2
aforesaid terms.
(Mohit Kumar Shah, J)
ajay gupta/-
U
3 issues framed by the court
Whether the petitioner seeking permission to re-marry is entitled to immediate relief from the High Court.
Whether the petitioner should be directed to approach the District Magistrate for an appropriate remedy.
Whether the respondent State authorities are empowered to grant permission for remarrying.
Rubi Kumari @ Rubi Devi
The State of Bihar
The District Magistrate Gopalganj
The District Education Officer Gopalganj
The Block Education Extension Officer Thawe
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
