Deepak Kumar Vishwakarma @ Deepak ... vs Smt. Pragati Ashok
2022 Latest Caselaw 1131 Jhar

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

                             FA No. 72 of 2017
                                 ------
Deepak Kumar Vishwakarma @ Deepak Kumar, son of Sri Krishna Deo
Sharma @ Krishna Deo Singh, resident of village Sadapur, PO & PS
Mahuwa, District Baishali, Bihar            ..... ..... Opp. Party/Appellant
                                 Versus
Smt. Pragati Ashok, wife of Deepak Kumar Vishwakarma @ Deepak Kumar,
daughter of Ashok Kumar Singh, resident of Q.N. 2K/16 Bariyatu Housing
Colony, PO & PS Bariyatu, Ranchi, Jharkhand ..... .. Petitioner/ Respondent
                                                                      (Through V.C.)
                               ------
 CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
                HON'BLE MR. JUSTICE RATNAKER BHENGRA
                               -------
     For the Appellant   : Mr. Himanshu Shekhar Pandey, Advocate
                            Mr. Ashok Kumar Sinha No.4, Advocate
     For the Respondent  : Mr. Arvind Kumar Lall, Advocate
                              -------
                            ORDER

rd 23 March 2022 By Court:

The husband has filed FA No. 72 of 2017 against the judgment in MTS No. 129 of 2013 by which the marriage between the parties was dissolved on the ground of cruelty inflicted upon the wife by the husband.

2. The present appeal was admitted for hearing vide order dated 26th February 2018.

3. On 9th March 2022, the following order was passed by this Court:

"Order No. 08/Dated: 9th March, 2022 Mr. Sanjay Sinha, the learned counsel appears and states that Mr. Ashok Kumar Sinha, the learned counsel for the appellant had to leave for out station on account of illness of his mother.

A letter has been received from the Chamber of Mr. Arvind Kumar Lal, the learned counsel for the respondent.

The learned counsel for the respondent is also seeking adjournment by four weeks for filing an affidavit to the effect that the respondent has now remarried.

Post this matter under the heading "Final Disposal" on 23rd March 2022."

4. IA No. 2272 of 2022 has been filed by the appellant stating as under:

"2. That it is stated that after the aforesaid Decree for dissolution of marriage, this respondent got re-married with one Ammay Kumar Sharma, S/o Ramadhar Sharma, Resident of Dipa Toli, P.S.

Sadar, P.O. Newari-Vikas, District-Ranchi on 13.04.2019 and out of wed lock a girl child has been born in the month of January 2020 and both husband and wife are living harmonial conjugal relationship.

3. That in view of the matter the appeal filed by the present appellant has become infructuous and hence the appeal may be disposed off on the ground of re-marriage of this respondent."

5. Mr. Ashok Kumar Sinha No.4, the learned counsel appearing for the appellant, states that now the appellant does not intend to contest the present first appeal and, therefore, he has filed an application seeking withdrawal of FA No.72 of 2017.

6. Mr. Arvind Kumar Lall, the learned counsel appears for the respondent.

7. IA No. 2272 of 2022 is allowed.

8. Consequently, FA No. 72 of 2017 is dismissed as withdrawn.

(Shree Chandrashekhar, J.)

(Ratnaker Bhengra, J.) The High Court of Jharkhand at Ranchi Dated: 23rd March 2022 Nibha/Madhav-NAFR