Prashant Kumar Thakur @ Prashant ... vs Saumya Kumari @ Saumya Kashyap
2022 Latest Caselaw 5157 Jhar

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
               (Civil Appellate Jurisdiction)

                               FA No. 190 of 2019

Prashant Kumar Thakur @ Prashant Kumar @ Prashant Thakur, son of Sri
Sadanand Thakur, resident of village Indira Nagar, Deoghar presently
residing at Gangapur, PO Siktiya, PS Chitra, Sub Division- Madhupur,
District Deoghar                               ....     .... Appellant
                                 Versus
Saumya Kumari @ Saumya Kashyap, wife of Prashant Kumar and daughter
of Sri Manoj Jha, resident of Indira Nagar, Deoghar, present resident of
Williams Town behind Rani Kothi, Deoghar       ....   .... Respondent
                                  ------

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

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For the Appellant : Mr.Vikas Kumar, Advocate;

Mr. Parambir Singh Bajaj, Advocate For the Respondent : Mr. Lakhan Chandra Roy, Advocate

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th Order No.14/Dated: 20 December 2022 The appellant has challenged the judgment dated 23 rd April 2019 passed in Matrimonial Suit No. 159 of 2016 (In short, "divorce case") which was filed for a decree of divorce by dissolving his marriage solemnized with the respondent on 14th July 2013 at Deoghar.

In the present proceeding, the parties were permitted to undergo mediation and conciliation exercise through virtual mode and a direction was passed by this Court on 25th November 2020 in this regard.

Subsequently, on the request of the parties they were permitted to participate in the mediation exercise in the physical mode.

However, the mediation exercise could not bring the parties to an amicable settlement and, accordingly, First Appeal No. 190 of 2019 was admitted for hearing vide order dated 29th June 2021.

Later on, a petition under section 13-B of the Hindu Marriage Act, 1955 was pursued by the parties in the Family Court, Deoghar. The said petition has been registered as Original Suit No. 167 of 2022 which by a judgment dated 30th July 2022 has been allowed and the marriage of the parties solemnized on 14th July 2013 has been dissolved on mutual consent.

By filing IA No. 10695 of 2022 for withdrawal of the present First Appeal, the appellant has brought on record a photocopy of the judgment dated 30th July 2022 and the decree prepared thereon on 6th August

-2- FA No. 190 of 2019

2022 passed in Original Suit No. 167 of 2022.

Referring to the statement made in this Interlocutory application, the learned counsel for the appellant submits that in view of the judgment and decree in Original Suit No. 167 of 2022, First Appeal No. 190 of 2019 has been rendered infructuous.

Mr. Lakhan Chandra Roy, the learned counsel for the respondent, affirms the aforesaid status of the present First Appeal.

Accordingly, First Appeal No. 190 of 2019 is permitted to be withdrawn having been rendered infructuous.

IA No. 10695 of 2022 stands disposed of.

                                                (Shree Chandrashekhar, J.)


SB/Nibha                                           (Ratnaker Bhengra, J.)