Kiran Devi @ Pinki Kumari vs Lalit Kishor Sahani @ Daleshwar ...
2022 Latest Caselaw 3730 Jhar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    (Civil Appellate Jurisdiction)
                             FA No. 291 of 2018
Kiran Devi @ Pinki Kumari                                     ......Appellant
                                   Versus
Lalit Kishor Sahani @ Daleshwar Nishad                      ..... Respondent
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CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE RATNAKER BHENGRA

For the Appellant : Mr. Birendra Kumar, Advocate For the Respondent : Mr. Anand Kumar Sinha, Advocate

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Order No. 14 /Dated: 15th September 2022

Mr. Anand Kumar Sinha, the learned counsel for the respondent appears and states that the respondent has collected case records from his chamber and he has given no objection and made endorsement "No Objection" over the vakalatnama.

2. By an ex parte judgment dated 27th April 2017 passed in TMS Case No. 371 of 2012, marriage solemnized between Lalit Kishor Sahani @ Daleshwar Nishad and Kiran Devi @ Pinki Kumari was dissolved, accepting the grounds urged by the husband under section 13(1) (i-a) & (i-b) of the Hindu Marriage Act, 1955.

3. While granting a decree of divorce by dissolving the marriage, the Principal Judge, Family Court, Dhanbad did not make any order under section 25 of the Hindu Marriage Act.

4. The judgment dated 27th April 2017 records that the husband has performed second marriage.

5. Mr. Birendra Kumar, the learned counsel for the appellant submits that in view of subsequent developments, the appellant intends to challenge the judgment in TMS Case No. 371 of 2012 only on the ground of non-grant of maintenance/alimony under section 25 of the Hindu Marriage Act.

6. In view of the aforesaid submission, both parties are directed to file affidavits in the format prescribed under "Rajnesh v. Neha" (2021) 2 SCC 324.

7. In view of the aforesaid facts, reserving a right with respondent to engage a counsel of his choice, Mr. Abhijeet Tushar, the learned counsel

is appointed as Amicus to represent the respondent.

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

9. Let name of Mr. Abhijeet Tushar, the learned Amicus appear in the cause list.

10. 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.

11. Post this matter on 20th October 2022.

12. Let a copy of the order be sent to the respondent at the address disclosed in the memorandum of appeal so that he has information about the next date of hearing of this appeal.

13. Let a copy of the order be given to Mr. Abhijeet Tushar, the learned Amicus.

(Shree Chandrashekhar, J.)

(Ratnaker Bhengra, J.) RKM