Manish Bhagat vs Shalu Kumari
2023 Latest Caselaw 1068 Jhar

               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          First Appeal No. 96 of 2022
        Manish Bhagat                                          --- --- Appellant
                                       Versus
        Shalu Kumari                                           --- --- Respondent
                                              .......

CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH HON'BLE MR. JUSTICE DEEPAK ROSHAN For the Appellant : Mr. Md. Zaid Ahmed, Advocate For the Respondent : M/s Vikas Kumar, Sourav Kumar, Advocates

05/02.03.2023 Heard learned counsel for the parties on the prayer for condonation of delay of 108 days in preferring the instant memo of appeal made through I.A. No. 11420 of 2022.

Learned counsel for the appellant submits that the impugned order was decided ex parte by the learned Additional Family Court No. 2, East Singhbhum at Jamshedpur. On coming to know of it, he obtained the certified copy of the judgment and thereafter present appeal has been filed. This has occasioned some delay though it is not intentional. Therefore, delay may be condoned as the appellant is interested in continuing with the marriage since Section 9 petition is still pending. There are other criminal cases also pending against the appellant instituted by the respondent wife.

Learned counsel for the respondent wife has opposed the prayer. He submits that the respondent is now happily married after decree of divorce.

However, having heard learned counsel for the parties and since the nature of dispute does not seem to die down after passing of an ex parte decree of divorce in favour of the petitioner wife, it would be proper to decide the appeal on merits. Accordingly, delay is condoned and I.A. No. 11420 of 2022 stands disposed of.

Admit.

Call for the lower court record in connection with Original Suit No. 446 of 2019 from the court of learned Additional Principal Judge, Additional Family Court No.2, East Singhbhum at Jamshedpur.

List this case under the heading "For Hearing" as per its age on receipt of the LCR.

(Aparesh Kumar Singh, J.)

(Deepak Roshan, J.) A.Mohanty