Savita Kumari vs Sushil Kumar
2022 Latest Caselaw 4691 Jhar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      (Civil Appellate Jurisdiction)
                    First Appeal No. 78 of 2019
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Savita Kumari                                                     ... Appellant
                                   Versus
Sushil Kumar                                                   ... Respondent

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

For the Appellant : Mr. Anil Kumar, Advocate For the Respondent : Mr. Bageshawar Singh, Amicus

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Order No. 8/Dated: 23rd November 2022

On 2nd November 2022 the following order was passed by this Court:

"Mr. Anil Kumar, the learned counsel appears for the appellant and brings to our notice the previous order passed by this Court whereunder absence of the sole respondent in spite of his valid service of notice has been indicated by this Court.

In the circumstances of this case, Mr. Bageshawar Singh, the learned counsel is appointed as Amicus to argue this First Appeal on behalf of the respondent.

Registry shall provide a complete set of paper book along with all the necessary documents to the learned Amicus.

Let name of Mr. Bageshawar Singh, the learned Amicus appear in the cause list.

The learned Amicus shall be paid Rs.5,500/- for each date of hearing. The fee for the learned Amicus shall be paid by the Department of Home, Government of Jharkhand.

Post this matter on 23 rd November 2022 under the heading for "Orders".

Let a copy of the order be given to Mr. Bageshawar Singh, the learned Amicus."

Mr. Bageshawar Singh, the learned Amicus may seek instruction from the respondent whether during pendency of this First Appeal he has solemnized second marriage.

By judgment dated 21st January 2019 Original Suit No. 109 of 2016 has been decreed and marriage of the appellant solemnized with the respondent on 17 th May 2011 has been dissolved.

On being satisfied that it would be in the interest of justice that during pendency of the First Appeal operation of the aforesaid judgment dated 21st January 2019 passed in Original Suit No. 109 of 2016 is stayed, we order accordingly.

Mr. Bageshawar Singh, the learned Amicus shall file an

affidavit of the respondent within four weeks as regards the respondent solemnizing the second marriage.

Post this matter on 22nd December 2022. In the meantime, Mr. Anil Kumar, the learned counsel for the appellant is directed to bring on record deposition of the witnesses examined by the parties in Original Suit No. 109 of 2016.

(Shree Chandrashekhar, J.)

(Ratnaker Bhengra, J.) Amit/