Jharkhand High Court
Smt. Rachna vs L T Commander Satyakirti on 24 November, 2021
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh, Anubha Rawat Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
First Appeal No. 171 of 2019
Smt. Rachna --- --- Appellant
Versus
L T Commander Satyakirti --- --- Respondent
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CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Hon'ble Mrs. Justice Anubha Rawat Choudhary Through video conferencing
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For the Appellant : M/s. Sumeet Gadodia, Shilpi John, Advs.
For the Respondent : Mr. Ajit Kumar, Adv.
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09/24.11.2021 Appellant is the wife aggrieved by the judgment dated 18 th
January 2019 and the decree dated 31st January 2019 passed by the learned Principal Judge, Family Court, Ranchi in Original Suit No.355 of 2014 preferred under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 by the petitioner husband/respondent herein whereby the marriage between the parties solemnized on 11th March 2012 was dissolved with a permanent alimony of Rs.25 Lakhs payable to the wife. Petitioner husband had deposited the demand draft before the learned Family Court, Ranchi on 15th June 2019 and remarried in the meantime on 19th April 2019. The lower court records were summoned along with the demand draft to this Court in the present appeal. The revalidated demand draft has been submitted by the respondent for Rs.25 Lakhs which is at Flag-E2.
Both the parties have joined the proceedings online pursuant to the order dated 28th October 2021. Learned counsel for the parties have identified their clients in the presence of the Court. On being specifically put, appellant has stated that if the demand draft of Rs.25 Lakhs as permanent alimony is handed over to her, she is no longer interested in pressing the appeal in order to challenge the dissolution of marriage granted by the learned Family Court, Ranchi.
Respondent who is also present online along with his counsel Mr. Ajit Kumar, submits that the appeal may be disposed of as infructuous in such circumstances.
Learned counsel for the appellant submits that the appellant would personally receive the demand draft of Rs.25 Lakhs from the designated officer of this Court.
-2-Joint Registrar (Judicial) is directed to hand over the revalidated demand draft of Rs.25 Lakhs in the name of the appellant on proper identification on her appearance. The demand draft is of the following description:
Issuing Branch : SBI Sector-23, Dwarka, New Delhi In favour of the appellant: Rachna Dated : 10th November 2021 Amount : Rs. Twenty Five Lakh Name of the Applicant: Satyakirti Drawee Branch : Hazaribagh Bazar, State Bank of India Demand Draft No.: 835087.
A copy of the demand draft shall be retained for the purposes of records by the Registry before handing it over to the appellant. The appellant shall collect the demand draft from the designated official of the Registry on any working day between 10:30 A.M. to 5:00 P.M. Since the appellant is no longer interested in pursuing this appeal on receipt of the permanent alimony of Rs.25 Lakhs, there is no purpose keeping the appeal pending for consideration on merits. It is accordingly disposed of as infructuous. Prayer for condonation of delay of 69 days in preferring the instant memo of appeal through I.A. No.2461/2020 is allowed. The lower court records be sent down to the court concerned.
(Aparesh Kumar Singh, J) (Anubha Rawat Choudhary, J) Shamim/