Jharkhand High Court
Manish Mishra vs Vandana Kumari @ Priti on 16 April, 2025
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad, Rajesh Kumar
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
First Appeal No.192 of 2024
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Manish Mishra, son of Sri Kedar Narayan Mishra, aged about 38 years,
resident of Kali Mandir Lane, Sukhdeonagar, PO-Hehal, PS-
Sukhdeonagar, District-Ranchi ....... ... Appellant
Versus
Vandana Kumari @ Priti, W/o Manish Mishra, D/o Sri Arun Kumar
Pandey, R/o C/o Bimla Kuar, W/o late Rameshwar Tiwari, R/o Mohalla
Sadhnapuri, PO-Chhapra, PS-Chhapra Town, District-Saran (Bihar),
presently residing at Near SBI Road, Chopra Bazar, Ward No.5,
Ramnagar, PO & PS-Jankinagar, District-Purnea (Bihar)
... ... Respondent
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Appellant : Mr. Kaushik Sarkhel, Advocate
For the Respondent : Mr. Nilesh Modi, Advocate
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th
Order No.09/Dated: 16 April, 2025
1. The instant appeal under section 19(1) of the Family Courts Act,
1984 is directed against the judgment dated 10.07.2024 and decree dated
18.07.2004 in Original Suit No.879 of 2023 passed by the Principal
Judge, Family Court, Ranchi which was filed by the appellant-husband
under section 13(1)(i-a) of the Hindu Marriage Act, 1955.
2. Mr. Kaushik Sarkhel, the learned counsel appearing for the appellant
by referring the order dated 04.04.2025 has submitted that now the
parties are ready for settlement and the same has been taken note in the
order dated 04.04.2025 passed by a co-ordinate Bench of this Court. He
has further submitted that the appellant-husband wants to withdraw the
instant appeal with liberty to file a petition under section 13B of the
Hindu Marriage Act, since, the respondent-wife is also ready for
dissolution of their marriage by mutual consent.
3. It has been submitted that the respondent-wife is agreed for the same
and she will also be consenting party for filing the petition under section
13B of the Hindu Marriage Act, 1955 for dissolution of their marriage by
mutual consent.
4. The respondent-wife is being represented by Mr. Nilesh Modi, the
learned counsel who has not disputed the aforesaid fact about the issue
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of joint compromise for dissolution of their marriage by filing petition
under section 13B of the Hindu Marriage Act, 1955. He has submitted
that only grievance of the respondent-wife is that the appellant-husband
may be asked to file the petition before the Court having the jurisdiction
within the judgeship of Patna.
5. This Court has heard the learned counsel for the parties and perused
the order dated 04.04.2025 passed by a co-ordinate Bench of this Court
in the present proceeding.
6. It is evident from the said order that the parties have shown their
willingness for mutual divorce on 04.04.2025. For ready reference, the
order dated 04.04.2025 is being referred hereinbelow as:
" Pursuant to the order dated 18.03.2025, the appellant as well as
the respondent are physically present.
The respondent has submitted that she does not want any
permanent alimony but at the same time stated that some expensive
clothes and a ring which were given at the time of her marriage
have not been returned to her to which the appellant has submitted
that everything has been returned to her and a document was
prepared in which she has signed. The respondent has further
stated that if an amount of Rs.2.5 Lacs is extended to her, she will
make efforts so that the marriage between the respondent and the
appellant is dissolved.
The appellant has initially shown his reluctance to extend the
amount of Rs.2.5 Lacs as demanded by the respondent, but Mr.
Sarkhel learned counsel for the appellant has submitted that he
shall try to convince his client so that he agrees to the said proposal
and further steps be taken for dissolution of the marriage.
In view of the aforesaid therefore we adjourn this matter to be listed
on 16th April 2025 at 10.30 A.M. at the top of the Board on which
date the appellant who is from Ranchi shall remain physically
present. The respondent who is a resident of Purnia in the State of
Bihar shall be called upon to make herself present if the situation
arises in future.
List accordingly."
7. This Court, in view of the submissions made on behalf of both the
parties has taken note hereinabove as also finds reference of the order
dated 04.04.2025, is of the view that the instant appeal needs to be
withdrawn as per the prayer made on behalf of the learned counsel for
the appellant who has made such submission in presence of the
appellant-husband who is physically present in the Court in pursuance to
the order dated 04.04.2025.
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8. Accordingly, the liberty which has been sought for to file a petition
under section 13B of the Hindu Marriage Act, 1955 for dissolution of
their marriage is being granted.
9. Mr. Kaushik Sarkhel, the learned counsel appearing for the appellant
has submitted that the application for waiver of statutory period, if
required to be filed, the same may be directed to be considered
expeditiously.
10. This Court considering the issue of waiver is of the view that such
application is to be taken into consideration by the concerned Court and
if such application will be filed, the same be dealt with in accordance
with law.
11. If the petition under section 13B of the Hindu Marriage Act, 1955
will be filed for dissolution of marriage of the parties, the same be
decided expeditiously.
12. So far the issue of filing application before the Court having the
jurisdiction within the judgeship of Patna is concerned that is upon the
parties to consider and that will be based upon their mutual consent.
13. Accordingly, the instant appeal is dismissed as withdrawn with the
liberty being granted to the parties concerned to approach the Court
having the jurisdiction to deal with the petition filed under section 13B
of the Hindu Marriage Act, 1955.
14. It is made clear that if such petition is filed, the same be dealt with by
the Court concerned on its own merit.
15. With the aforesaid observation, the instant appeal is disposed of.
16. Pending I.As, if any, stands disposed of.
(Sujit Narayan Prasad, J.)
(Rajesh Kumar, J.)
Sudhir
