Patna High Court - Orders
Priya vs Bipul Ranjan on 17 November, 2022
Author: Ashutosh Kumar
Bench: Ashutosh Kumar, Nawneet Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.16 of 2020
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Priya
... ... Appellant/s
Versus
Bipul Ranjan
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Ajay Thakur, Adv.
For the Respondent/s : Mr.Ram Prasad Singh, Adv.
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
and
HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
3 17-11-2022The appellant/wife has challenged the judgment and decree of the Family Court dated 28.11.2019 whereby the plea of divorce put up by the appellant/wife has been rejected and her case has been dismissed for the reason that she could not prove any cruelty perpetrated upon her by her husband to justify her seeking divorce. No ill treatment could be proved against the respondent/husband.
It appears from the judgment under challenge that both the spouses are well educated and come from respectable families. However, the relationship never kick started for different reasons attributed by both the parties Patna High Court MA No.16 of 2020(3) dt.17-11-2022 2/3 against each other. The appellant found from the first night that the respondent/husband was not interested in continuing with the relationship and later she learnt that her husband was seeing somebody else.
Conversely, the husband doubted the conduct of his wife/appellant and, based on certain information gathered by him, he was of the opinion that the appellant/wife is interested in some kind of incestuous relationship with one of her relative. Both these charges could not be proved before the Trial Court and since the appellant/wife was the plaintiff, the suit was dismissed. It further appears that the same judgment was passed by the Family Court on remand.
We are at a loss to understand as to how the dispute between the spouses can now be resolved. We find from the impugned judgment that an effort was made for having the issue resolved through mediation but, that also appears to have failed.
Be that as it may, before deciding the issue, we would like to interact with the spouses. Patna High Court MA No.16 of 2020(3) dt.17-11-2022 3/3 Let the appellant and the respondent present themselves before this Court in the room designated for mediation on 01.12.2022 at 2.15 PM.
(Ashutosh Kumar, J) ( Nawneet Kumar Pandey, J) rishi/-
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