Ajit Kumar Singh vs Jagriti Kumari
2022 Latest Caselaw 161 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              (Civil Appellate Jurisdiction)
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FA No. 209 of 2017 with FA No. 210 of 2017

Ajit Kumar Singh, son of Raghubansh Singh, resident of D.F.-22, Lal Bungalow, Jamadobha, PO Jamadobha, PS Jorapokhar, District Dhanbad.

                                                  ......          Appellant
                                               [In FA No. 209 of 2017]

Ajit Kumar, son of Raghubans Singh, resident of D.F.-22, Lal Bungalow, Jamadobha, PO Jamadobha, PS Jorapokhar, District Dhanbad.

                                                     ... ...          Appellant
                                                    [In FA No. 210 of 2017]
                                 Versus

Jagriti Kumari, wife of Ajit Kumar Singh, daughter of Ramesh Kumar Singh, resident of Dumri No.4, PO Jealgora, PS Jorapokhar, District Dhanbad.

                                                 ...      ...       Respondent
                                                    [In FA No. 209 of 2017]

Jagriti Kumari, wife of Ajit Kumar, daughter of Ramesh Singh, resident of Dumri No.4, opposite Durga Mandir, near Tata Power Plant, PO Jamadobha, PS Jorapokhar, District Dhanbad. ... ... Respondent [In FA No. 210 of 2017]

(Through V.C.)

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

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For the Appellant : Mr. Pratiush Lala, Advocate [In both cases] For the Respondent : Mr. Soumitra Baroi, Advocate [In both cases]

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th Order No.09/Dated: 25 January, 2022 FA No. 209 of 2017 has been filed against the common judgment dated 17th June 2017 and the decree dated 1 st July 2017 passed in Title Matrimonial Suit No. 624 of 2014 filed by wife of the appellant seeking a decree of judicial separation.

2. FA No. 210 of 2017 has been filed by the appellant challenging the aforesaid common judgment dated 17th June 2017 and the decree dated 1st July 2017 prepared thereon in Title Matrimonial Suit No. 622 of 2014 which was filed by him seeking a decree of restitution of conjugal rights.

3. As noticed above, both the aforesaid suits were tried together and while Title Matrimonial Suit No. 624 of 2014 was decreed, Title

-2- FA No. 209 of 2017 with FA No. 210 of 2017

Matrimonial Suit No. 622 of 2014 instituted by the appellant was dismissed.

4. IA No. 578 of 2022 has been filed in FA No. 209 of 2017 seeking permission of the Court to withdraw the first appeal. A similar interlocutory application vide IA No. 577 of 2022 has been filed in FA No. 210 of 2017 for withdrawing the said appeal.

5. Along with these interlocutory applications, the appellant has produced a copy of the judgment dated 9 th April 2019 passed in Original Suit No. 460 of 2018 by which the suit filed by his wife seeking dissolution of the marriage solemnized/registered on 20th December 2013 under the Special Marriage Act has been decreed.

6. Mr. Pratiush Lala, the learned counsel for the appellant submits that in view of the judgment passed in Original Suit No. 460 of 2018, the appellant seeks permission to withdraw FA No. 209 of 2017 and FA No. 210 of 2017.

7. Mr. Soumitra Baroi, the learned counsel appearing for the respondent-wife, on being asked by us, states that he is not raising any objection to the aforesaid prayer for withdrawal of FA No. 209 of 2017 and FA No. 210 of 2017.

8. Accordingly, FA No. 209 of 2017 and FA No. 210 of 2017 are dismissed as withdrawn.

9. IA No. 578 of 2022 and IA No. 577 of 2022 stand disposed of.

(Shree Chandrashekhar, J.)

(Ratnaker Bhengra, J.) Nibha/Madhav