The Court dismissed an application seeking quashing of a divorce order. It held that the impugned order correctly rejected the petitioner's contention as marriage was consummated, creating a presumption of legitimacy under Section 112 of the Evidence Act barring interference.
Application for quashing of the matrimonial order dated 10.08.2022 is dismissed.
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.45 of 2023
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Pankaj Kumar Paswan Son of Gaurichand Paswan Resident of VillageHasanpur Kirat, P.O.-Muktapur, P.S. and Circle-Kalyanpur, DistrictSamastipur.
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Upendra Kumar Chaubey For the Respondent/s : Mr. ======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
2 07-10-2023 Heard the parties.
Patna High Court C.Misc. No.45 of 2023(2) dt.07-10-2023 2/2
admits that the marriage was consummated between the parties and, therefore, in view of the presumption under Section 112 of the Evidence Act, the application has rightly been rejected by the Court below.
This application is dismissed.
(Sandeep Kumar, J)
Saif/-
U
3 issues framed by the court
Whether the quashing of the order granting divorce to the wife solely on the basis of matrimonial litigation history without further inquiry is legal
Whether failure to file birth certificate and delay in pressing DNA test application warrants setting aside the divorce judgment
Whether the presumption under Section 112 of the Evidence Act regarding legitimacy of child bars the quashing of the divorce order
2 provisions across 2 enactments
Pankaj Kumar Paswan
Savita Kumari
Shahil Kumar
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
