The Patna High Court, in an oral order, dismissed the Article 226 writ petition filed under Article 227 of the Constitution as infructuous. The court accepted the submission that the underlying matrimonial case had been withdrawn while the writ application was pending.
The application under Article 227 of the Constitution was dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.1899 of 2017 In
Miscellaneous Appeal No.529 of 2015
======================================================
Rajni Kumari D/o Sri Madan Murari Pathak, W/o Gudesh Kumar R/o Village and P.O- Nima, P.S. Chattarpur, District- Palamu (Daltanganj) StateJharkhand At Present Quarter No. GMIB Bokaro Thermal, District- Bokaro.
... ... Petitioner/s
Versus
Gudesh Kumar Son of Sri Kaushal Kishore Mishra R/o Village- Lala Bhadhasara, P.O. - Lala Bhadhasara, P.S. Dulhin Bazar, District- Patna.
... ... Respondent/s
====================================================== Appearance :
For the Petitioner/s : Mr. Uday Narayan Singh, Advocate For the Respondent/s : Mr. Shashi Ranjan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
6 04-04-2019
This application under Article 227 of the Constitution
of India has been filed by the petitioner challenging the order dated 15.06.2015 passed by the learned Principal Judge, Family Court, Patna in Matrimonial Case No. 541 of 2012.
It is submitted by the learned counsel for the petitioner that during pendency of this application, the Matrimonial Case No. 541 of 2012 filed by the opposite party before the learned Principal Judge, Family Court, Patna has already been withdrawn.
In view of the submission made above, this
Patna High Court C.Misc. No.1899 of 2017(6) dt.04-04-2019 2/2
application is dismissed as infructuous.
(Ashwani Kumar Singh, J.)
Sanjeet/R.Ranjan-
U
1 issue framed by the court
Whether the writ application for supervision under Article 227 remains maintainable when the underlying matrimonial case has been withdrawn during its pendency.
1 provisions across 1 enactments
Rajni Kumari
Gudesh Kumar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
