Jharkhand High Court
Shiv Kumar Kushwaha Aged About 30 Years ... vs Sweta Kumari Wife Of Shiv Kumar Kushwaha on 15 April, 2025
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad, Rajesh Kumar
2025:JHHC:11420-DB
IN THE HIGH COURT OF JHARKHAND AT RANCHI
F.A. No. 28 of 2025
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Shiv Kumar Kushwaha aged about 30 years son of Ramlal Mahto
resident of Village- Ladi (Laxmi Narayan Mandir), P.O. - Bhurkunda, P.S.-
Patratu, District- Ramgarh (Jharkhand).
... Petitioner/Appellant
Versus
Sweta Kumari wife of Shiv Kumar Kushwaha, daughter of Murli Mahto,
resident of Village- Block Colony Lohardaga, P.O. + P.S. - Lohardaga,
District-Lohardaga (Jharkhand).
... Respondent/Respondent
CORAM : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Appellant : Mr. Arvind Kumar Choudhary, Advocate
For the Respondent : Mr. Rakesh Kumar, Advocate
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08/Dated: 15th April, 2025
I.A. No. 2854 of 2025:
1. An interlocutory application being IA No. 2854 of 2025 has been filed
by the learned counsel appearing on behalf of the respondent for
acceptance of Vakalatnama.
2. There is no opposition by the learned counsel appearing for the
appellant.
3. Accordingly, the instant application is allowed and disposed of.
4. The Office is directed to proceed so far as the issue of acceptance of
Vakalatnama is concerned.
2025:JHHC:11420-DB
F.A. No. 28 of 2025:
1. The instant appeal is filed under Section 19(1) of the Family Courts
Act, 1984 directed against the order and decree dated 16.11.2024
and 26.11.2024 respectively whereby and whereunder the suit for
dissolution of marriage on the ground of cruelty has been dismissed.
2. Mr. Arvind Kumar Choudhary, learned counsel appearing for the
appellant-husband has submitted that two interlocutory applications
have been filed one being I.A. No. 2871 of 2025 for disposal of the
appeal on terms and conditions on which the parties have been
arrived, as referred in Para- 4 thereof and another interlocutory
application being I.A. No. 2869 of 2025 under Section 13B of the
Hindu Marriage Act, 1955 for divorce by mutual consent.
3. Mr. Rakesh Kumar, learned counsel appearing for the respondent has
submitted that he is also having instruction for compromise and
mutual divorce.
4. This Court has heard the learned counsel for the parties and
considering the prayer made in the interlocutory applications being
I.A. No. 2871 of 2025 and I.A. No. 2869 of 2025, is of the view that the
matter is required to be considered by the learned Family Judge who
has passed the judgment dated 16.11.2024 impugned in the present
appeal.
5. The parties are at liberty to make an independent application under
Section 13-B of the Hindu Marriage Act, 1955 along with contending
2025:JHHC:11420-DB
the terms and conditions as agreeable in between the parties. Such
application be filed within four weeks.
6. Mr. Arvind Kumar Choudhary, learned counsel appearing for the
appellant has submitted that the issue of waiver will also be there
and as such, he has submitted that if the application will be filed, the
Court may consider it based upon the position of law as has been
settled by the Hon'ble Apex Court so far as the waiving period as to
be provided under Section 13B of the Hindu Marriage Act, 1955.
7. The learned Family Judge will pass order on the application of waiver
and the same may be considered in accordance with law.
8. The issue of compromise based upon the application filed under
Section 13B of the Hindu Marriage Act, 1955 may be decided
expeditiously, in accordance with law.
9. The instant appeal being F.A. No. 28 of 2025 stands disposed of.
10. Pending interlocutory application(s), if any, also stands disposed of.
(Sujit Narayan Prasad, J.)
(Rajesh Kumar, J.)
Samarth
