Patna High Court - Orders
Mukesh Kumar vs The State Of Bihar on 3 November, 2025
Author: Nawneet Kumar Pandey
Bench: Nawneet Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71140 of 2023
Arising Out of PS. Case No.-821 Year-2019 Thana- WEST CHAMPARAN COMPLAINT
District- West Champaran
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Mukesh Kumar Son Of Sri Gorakh Baitha R/O Village- Bheriyani, P.S.-
Valmikinagar, District- West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mala Devi Wife Of Mukesh Kumar, Daughter Of Sri Yogendra Baitha R/O
Village- Mill Bahuari, P.S.- Ramnagar, District- West Champaran
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Sagar Kumar
For the State : Mr. Damodar Prasad Tiwary
For the O.P. No. 2 : Mr. Amit Kumar Pande
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CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
5 03-11-2025Learned counsel for the O.P. No. 2 submits that after filing of the divorce petition, petitioner became ready to keep his wife with dignity and honour and by drawing my attention towards Annexure-2 of the counter affidavit, learned counsel submits that the petitioner admitted that he took his wife and child but later on, stealthily, he proceeded with the divorce case and obtained ex-parte decree of divorce against which, an application under Order 9 Rule 13 of C.P.C. filed by the O.P. No. 2, which is sub-judice before the Court of Principal Judge, Family Court, Bettiah, West Champaran. He further submits that the Court referred the matter before the Mediation Centre but Patna High Court CR. MISC. No.71140 of 2023(5) dt.03-11-2025 2/2 even in the mediation centre, the petitioner did not assign any reason for not keeping O.P. No. 2 rather he directly refused to keep her. The petitioner, according to the learned counsel for the O.P. No. 2 is Senior Accountant at Panchshila Construction Private Limited.
2. Learned counsel for the petitioner has submitted that the relations between the petitioner and the O.P. No. 2 has become so strained that it has come to the stage of irretrievable. He further submits that the petitioner may pay maintainance to O.P. No. 2 according to his capacity.
3. Three weeks' peremptory time is allowed to the learned counsel for the petitioner for filing a supplementary affidavit disclosing gross salary of the petitioner annexing his salary certificate issued by the Construction Company.
4. List this matter after three weeks.
(Nawneet Kumar Pandey, J) priyanka/-
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