Smt. Shail Mishra vs Kriti Kumar Mishra
2022 Latest Caselaw 4007 Chatt

                                          1

                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                FAM No. 69 of 2017

    Smt. Shail Mishra W/o Shri Kriti Kumar Mishra, Aged About 30 Years R/o Main
     Road Lotamod, Tah. Bagicha, Distt. Jashpur, Civil And Revenue Distt. Jashpur,
     Chhattisgarh ................Defendant,

                                                                        ---- Appellant

                                      Versus

    Kriti Kumar Mishra S/o Shri Santosh Kumar Mishra, Aged About 34 Years R/o
     Bhatti Road, Kedarpur, Ambikapur, Tahsil Ambikapur, Distt. Sarguja, Civil And
     Revenue District Sarguja, Chhattisgarh ................Plaintiff,

                                                                     ---- Respondent

For Appellant : Shri M.K. Sinha, Advocate

For Respondent : Ms. Itu Rani Mukherjee, Advocate

Hon'ble Shri Justice Goutam Bhaduri

& Hon'ble Smt. Justice Rajani Dubey

Order On Board

Per Goutam Bhaduri, J

24/06/2022

1. Heard.

2. The present appeal has been filed by the wife against the judgment and decree

passed under Section 9 of the Hindu Marriage Act, 1955 (for short 'the Act,

1955') for restitution of conjugal rights, whereby it was directed that

respondent/appellant herein shall resume her matrimonial life within 30 days

from the date of decree i.e. 06.03.2017.

3. It is submitted that subsequently a decree of divorce was granted in the year

2018. Learned counsel for the appellant would submit that as per the

information, against the decree of divorce appeal was filed by the appellant but

that has been dismissed in default.

4. In view of the submission made, as on date, the decree of divorce exists,

therefore, it would be completely futile to go into appeal which is filed against

the order of restitution of conjugal right under Section 9 of the Act, 1955. The

appeal by efflux of subsequent proceedings has lost its efficacy.

5. At present, therefore, the appeal is disposed of.

                  SD/-                                                        SD/-

            Goutam Bhaduri                                              Rajani Dubey

                Judge                                                   Judge

Ashu