Fabian Leavers vs Moreen Leavers
2022 Latest Caselaw 4748 Jhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  (Civil Appellate Jurisdiction)
                       First Appeal No. 361 of 2018

Fabian Leavers, son of late Joseph Leavers, resident of Qr. No. CL-71, Basanti
Colony, PO Rourkela-12, PS Uditnagar, District Sundargarh, Orissa
                                                                ......Appellant
                                Versus
Moreen Leavers, wife of Fabian Leavers, D/o Michael Breen, at present
residing at Near Lalkhothi, Pompu Road, PO &PS Chakradharpur, District West
Singhbhum (Jharkhand)                                    ..... Respondent

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

For the Appellant : Mr. Rohan Kashyap, Advocate Mr. Ashish Kumar, Advocate For the Respondent : Mr. Asit Baran Mahata, Advocate

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Order No. 10/ Dated: 28th November 2022

This First Appeal has been filed by the appellant against the judgment dated 13th July 2018 and decree dated 27 th July 2018 passed by the learned Principal Judge, Family Court, West Singhbhum at Chaibasa in Original Suit Case No. 31 of 2015.

2. In the judgment dated 13th July 2018 passed in Original Suit Case No. 31 of 2015 the learned Principal Judge, Family Court, West Singhbhum at Chaibasa has held as under:

"16. Having regard to the facts and circumstances of the case, I come to a conclusion that the petitioner has failed to prove the allegations of cruelty committed by respondent. Petition is devoid of any merit and cannot be allowed. It is hereby dismissed.

ORDERED The petition is dismissed on contest. The petitioner is directed to pay and clear the arrears of interim maintenance to the respondent within a period of 3 months. The petitioner is further directed to pay Rs. 5,000/- as litigation cost."

3. In this First Appeal, I.A. No. 10817 of 2022 has been filed by the appellant seeking permission to withdraw this First Appeal stating as under:

"2. That the appellant states that during the pendency of the present memo of appeal the appellant has taken endeavors to resolve the matrimonial dispute and has positive indications in this regard.

3. That the appellant states that the appellant as such does not want to press the present memo of appeal.

4. That the present application is being filed by the petitioner for withdrawal of the present memo of appeal."

4. This application for withdrawal is not opposed by the respondent and, accordingly, I.A. No. 10817 of 2022 is allowed.

5. Consequently, First Appeal No. 361 of 2018 is dismissed as withdrawn.

(Shree Chandrashekhar, J.)

(Ratnaker Bhengra, J.) RKM/-