Hari Shankar Singh @ Abhishek Kumar ... vs Sangita Devi on 30 August, 2018

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Patna High Court - Orders

Hari Shankar Singh @ Abhishek Kumar ... vs Sangita Devi on 30 August, 2018

Bench: Dinesh Kumar Singh

   IN THE HIGH COURT OF JUDICATURE AT PATNA
                Miscellaneous Appeal No.1123 of 2017
======================================================
Hari Shankar Singh @ Abhishek Kumar Singh @ Abhishek Kr. Singh @
Hari Shankar, son of Sri Ram Sukhit Singh, resident of Village- Maghauli,
P.O.- Maghauli, P.S.- Khodawandpur, District- Begusarai.


                                                        .... ....   Appellant/s
                                   Versus
Sangita Devi, wife of Hari Shankar Singh @ Daughter of Bal Bhadra Singh,
resident of Village- Pahsara, P.S.- Nowkothi, District- Begusarai.


                                                 .... .... Respondent/s
======================================================
                               With
                Miscellaneous Appeal No.1124 of 2017
======================================================
Hari Shankar Singh @ Abhishek Kumar Singh @ Abhishek Kr. Singh @
Hari Shankar, son of Sri Ram Sukhit Singh, resident of Village- Maghauli,
P.O.- Maghauli, P.S.- Khodawandpur, District- Begusarai.


                                                        .... ....   Appellant/s
                                   Versus
Sangita Devi, wife of Hari Shankar Singh @ Daughter of Bal Bhadra Singh,
resident of Village- Pahsara, P.S.- Nowkothi, District- Begusarai.


                                       .... .... Respondent/s
======================================================
Appearance :
(In MA No.1123 of 2017)
For the Appellant/s      :   Mr. Bishwa Nath Chaudhary
For the Respondent/s     :   Mr.
(In MA No.1124 of 2017)
For the Appellant/s      :   Mr. Bishwa Nath Chaudhary
For the Respondent/s     :   Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR
SINGH
        and
       Patna High Court MA No.1123 of 2017 (7) dt.30-08-2018                             2




                            HONOURABLE MR. JUSTICE ANIL KUMAR
                            UPADHYAY
                   ORAL ORDER
                   (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH)

7   30-08-2018

Misc. Appeal No. 1123 of 2017 has been preferred against the judgment dated 10.07.2017 passed by learned Principal Judge, Family Court, Begusarai in Divorce Case No. 149 of 2013, whereby the matrimonial suit preferred by the appellant under Section 13 of the Hindu Marriage Act, 1955 has been dismissed on the ground of suppression of facts, whereas Misc. Appeal No. 1124 of 2017 has been preferred against the judgment dated 31.10.2017 passed by learned Principal Judge, Family Court, Begusarai in Divorce Case No. 64 of 2017, whereby the matrimonial suit preferred by the appellant with a prayer for divorce under Sections 13(1)(1-a)(1-b) of Hindu Marriage Act, 1955 has been dismissed on the ground of principle of res judicata.

The appellant and the respondent with their respective parents are present.

The appellant and the respondent are ready to reconcile the issue. The parents also have no objection to that, but both sides are apprehensive due to the past experience. The appellant undertakes to take the respondent to her matrimonial house on 10th of September, 2018 from the respondent's parents' Patna High Court MA No.1123 of 2017 (7) dt.30-08-2018 3 native place situated at Village - Pashara, P.S. - Nowkothi, District - Begusarai.

It is expected from the respondent and her parents, who are present, to behave in a dignified manner with the appellant.

It is expected from the appellant and the respondent to make sincere effort to reconcile the issue.

It is submitted by learned counsel for the appellant that parents of the appellant have been summoned in exercise of jurisdiction under Section 319 of the Cr.P.C. in Khodawandpur P.S. Case No. 183 of 2012.

In view of the present stand of the parties, since the issue is on the stage of being reconciled, the respondent will file an appropriate application in the Court of learned SDJM, Manjhaul in connection with Khodawandpur P.S. Case No. 183 of 2012 and in the Court of learned SDJM, Begusarai in connection with Domestic Violence Case No. 10P of 2017 within a period of one week when it is expected from both the learned Courts below to consider the prayer of adjournment since the issue is in process of being reconciled between the parties.

It is expected from the appellant and the respondent to file affidavit with regard to detail of all the cases Patna High Court MA No.1123 of 2017 (7) dt.30-08-2018 4 pending between them with their respective stage.

Put up these matters on 10th of January, 2019 at 2.15 P.M. in Chambers when it is expected that both sides shall appear in person.

(Dinesh Kumar Singh, J) (Anil Kumar Upadhyay, J) DKS/-

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Patna High Court - Orders