Disposed

Barun Kumar Jha v. Chandani Kumari

Patna HC3 Sept 2024C.Misc./888/2024

Case brief

AI extract

What is this about?

Husband sought expeditious disposal of his divorce case pending before the Family Court, Saharsa since 2017, alleging the wife was delaying trial despite examination of his witnesses. The High Court directed the Principal Judge to decide the case on an urgent basis within six months and disposed of the petition.

What did the court decide?

Direction to Principal Judge, Family Court, Saharsa to dispose of Matrimonial (Divorce) Case No. 19 of 2017 within six months.

Barun Kumar Jha Vs Chandani Kumari — Matrimonial and Divorce | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.888 of 2024

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======================================================

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Barun Kumar Jha Son of Sri Nityanand Jha Resident of Village- Bariban, P.O.- Sahsaul, P.S.- Basanahi, District- Saharsa and at present posted as Patna High Court as an Assistant Section Officer, P.S.- Kotwali, District- Patna800001 (Bihar).

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... ... Petitioner/s

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Versus

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Chandani Kumari Wife of Barun Kumar Jha, D/o. Vidyut Kumar Jha, Resident of Village- Bargaon, P.O.- Bargaon, P.S. Basanahi, District- Saharsa and at present residing at Mathematics Circle, Near Survin Motors K.K. Gate, Chasnala, P.O.- Chasnala, P.S. Pathardih, District- Dhanbad- 828135 (Jharkhand).

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Akash Anand, Advocate For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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2 03-09-2024

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The matter has been taken up on mentioning being

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made on behalf of the petitioner.

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Heard learned counsel for the petitioner.

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The petitioner has approached this Court with

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limited prayer to the court of learned Principal Judge, Family Court, Saharsa to dispose of Matrimonial (Divorce) Case No. 19 of 2017 within a stipulated period.

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Learned counsel for the petitioner submits that the

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Patna High Court C.Misc. No.888 of 2024(2) dt.03-09-2024 2/3

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respondent evaded to appear before the learned trial court and substituted service was resorted to by publication in daily newspaper and only thereafter, the respondent appeared. All the witnesses of the petitioner have been examined and crossexamined till 11.05.2023. Thereafter, the case is running for evidence of the respondent but the respondent has examined only one witness till date. Learned counsel further submits that the petitioner has been making payment of Rs.16,000/- per month as maintenance to the respondent since 04.10.2018. The marriage between the parties has irretrievably broken down and there is no possibility of its revival and in order to harass and humiliate the petitioner, the respondent has deliberately been delaying the disposal of the matter.

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Since the petitioner has come before this Court with limited prayer for expeditious disposal of the divorce case which is pending since 2017, I do not think there is any need to issue notice to the respondent.

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Having regard to the facts and circumstances, learned Principal Judge, Family Court, Saharsa is directed to take up the matter on urgent basis and dispose of the same within six months from the date of receipt/production of a copy of this order.

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Patna High Court C.Misc. No.888 of 2024(2) dt.03-09-2024 3/3

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With the aforesaid direction, the present petition

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stands disposed of.

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(Arun Kumar Jha, J)

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DKS/-

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Barun Kumar Jha v. Chandani Kumari

Case brief

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Barun Kumar Jha v. Chandani Kumari

Case brief

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