Sunita Kumari vs Pankaj Kumar
2022 Latest Caselaw 5092 Jhar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   (Civil Appellate Jurisdiction)
                      First Appeal No. 244 of 2019

Sunita Kumari                                                ...... Appellant
                               Versus
Pankaj Kumar                                              .... ... Respondent

CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
        HON'BLE MR. JUSTICE RATNAKER BHENGRA

For the Appellant         : Mr. Prem Mardi, Advocate
For the Respondent        : Mr. Niladri Shekhar Mukherjee, Advocate

                             ---------

th Order No. 09 /Dated: 15 December 2022

By judgment dated 24th June 2017 passed in Original Suit (M.T.S) No.455 of 2016 (in short, "divorce case"), marriage of the appellant solemnized with the respondent on 25th April 2012 has been dissolved.

The present First Appeal was filed with a delay of 737 days and, in the meantime, the respondent solemnized his second marriage.

It is recorded in the order dated 11th December 2019 that from the second wedlock the respondent has two children.

Mr. Prem Mardi, the learned counsel for the appellant referring to section 15 of the Hindu Marriage Act, 1955 and the judgment of the Hon'ble Supreme Court in "Lila Gupta v. Laxmi Narain" (1978) 3 SCC 258 would submit that solemnization of second marriage by the respondent even after lapse of statutory period for preferring appeal would not validate the second marriage.

Mr. Prem Mardi, the learned counsel for the appellant shall inspect the lower Court records and prepare a list of dates regarding the proceedings taken out in the divorce case.

Post this matter on 16th January 2023 under the heading "Final Disposal" to be listed in the supplementary cause list.

(Shree Chandrashekhar, J.)

(Ratnaker Bhengra, J.) sudhir