Patna High Court - Orders
Arnesh Kumar @ Kumar Amresh vs State Of Bihar And Anr on 10 April, 2019
Author: Ashutosh Kumar
Bench: Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18421 of 2018
In
CRIMINAL REVISION No.1030 of 2014
Arising Out of PS. Case No.- Year- Thana- District-Patna
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Arnesh Kumar @ Kumar Amresh
... ... Petitioner/s
Versus
The State of Bihar and Anr.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Uday Narayan Singh, Adv.
For the State : Mr. Pradeep Narain Kumar, APP
For the O.P. No. 2 : Mr. Hare Ram Sah, Adv.
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
10 10-04-2019The present petition has been filed for modification of an earlier order passed by this Court, whereby some part of the order passed by the learned Family Court has been modified by this Court.
2. It has been submitted on behalf of the petitioner/husband that no such order could have been passed with respect to an interim order in the Revisional Jurisdiction by this Court.
Patna High Court CR. MISC. No.18421 of 2018(10) dt.10-04-2019 2/4
3. It appears that the order was passed without realizing/noticing that the order passed the learned Family Court was only an interim order against which other forum was available to the petitioner.
4. In any view of the matter, considering that the dispute is still continuing between the spouses, this Court considered it appropriate to call the spouses in person. The aforesaid view of the Court was further concretized by the request made by the learned counsel appearing for the parties for summoning the spouses, to know their view points.
5. This Court has personally interacted with Arnesh Kumar @ Kumar Amresh/the petitioner and Sweta Kiran/opposite party No. 2, the parties, who have, by their conduct and utterances shown that they are amenable to reason and are desirous of holding parleys for settling the matrimonial dispute one way or the other. This Court has made the parties known in open Court that continuing with the marital dispute for long does good for no one and it only takes away the priceless period from the life of each of Patna High Court CR. MISC. No.18421 of 2018(10) dt.10-04-2019 3/4 them, which could have been otherwise well spent.
6. This Court hopes and trusts that the homilies given to the parties would be taken seriously.
7. This Court also would fail in its duty if it does not record its appreciation for the conduct of the two lawyers appearing for the parties, who have offered their services for providing a common platform for the spouses to sit across the table and discuss issues towards settlement of their matrimonial disputes. For the reason that in the past, mediation proceedings have come a cropper, this Court has relied upon the competence and the desire of the learned counsel appearing for the parties to do the needful as mediators and senior citizens in making their respective clients understand that it would always be better if the dispute is settled, in one way or the other.
8. Arnesh Kumar @ Kumar Amresh (the petitioner) has informed this Court that he is to leave for his place of work at Pune tomorrow. However, he has shown his willingness to meet Sweta Kiran (opposite party No. 2) today, provided she is agreeable. On interaction with Sweta Patna High Court CR. MISC. No.18421 of 2018(10) dt.10-04-2019 4/4 Kiran (opposite party No. 2), she has communicated this Court that she has no difficulty in holding talks with Arnesh Kumar @ Kumar Amresh (the petitioner), provided the talks do not veer around past unhappy experiences and efforts are made for a better tomorrow.
9. Re-notify this case, under the same heading, on 01st May, 2019.
10. It is expected that both the spouses shall be present on the next day also, i.e., on 01st May, 2019.
(Ashutosh Kumar, J) Praveen-II/-
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