The High Court dismissed the matrimonial appeal as the matter was settled via mediation. The court reserved liberty to the parties to file a mutual divorce petition under Section 13B of the Hindu Marriage Act, 1955 before the competent forum.
Settlement report taken on record; appeal disposed; liberty reserved to file mutual divorce petition.
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 Miscellaneous Appeal No.1043 of 2018
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Chandra Mauli Mishra Son of Nagendra Prasad Mishra Resident of VillageSohsa, Police Station- Kochas, District- Rohtas.
... ... Appellant/s
Versus Indu Wife of Chandra Mauli Mishra Resident of Village- Madarpur, Police Station- Masrakh, District- Chapra (Saran).
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr.Satya Prakash For the Respondent/s : Mr.Shree Ganesh
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
9 27-06-2023 In the instant petition, the appellant has prayed for following relief:
“1. That this appeal is being preferred on behalf of the appellant against the judgment/order dated 10.08.2018 passed by Principal Judge, Family Court, Rohtas at Sasaram, in Matrimonial Case No. 24 of 2011, whereby the suit for dissolution of marriage between the appellant husband Chandra Mauli Mishra against his wife Respondent Indu has been dismissed on contest with cost.”
Patna High Court MA No.1043 of 2018(9) dt.27-06-2023 2/2
(P. B. Bajanthri, J)
( Jitendra Kumar, J)
chandan/-
U
2 issues framed by the court
Whether to dispose of the miscellaneous appeal after recording a mediation settlement report.
Whether to grant liberty to file a petition under Section 13B of the Hindu Marriage Act, 1955 for mutual divorce.
Chandra Mauli Mishra
Indu
P. B. Bajanthri
Jitendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
