Citation : 2025 Latest Caselaw 1602 Jhar
Judgement Date : 6 August, 2025
2025:JHHC:22006-DB
IN THE HIGH COURT OF JHARKHAND AT RANCHI
F.A. No.112 of 2025
Subodh Kumar Singh, aged about 35 years, son of Surya Dev
Singh, Resident of New Anand Nagar, Shiv Travels Lane, Road
No.3, Harmu Road, P.O. Harmu, P.S. Sukhdeonagar, District-
Ranchi, Jharkhand ... Appellant
Versus
Pushpa Devi, wife of Subodh Kumar Singh, Daughter of Sudhir
Kumar, Resident of 56 Set, Qr. No. 61/124, P.O. & P.S.- Doranda,
District-Ranchi, Jharkhand ... Respondent
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Coram:HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE ARUN KUMAR RAI
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For the Appellant : Mr. Anjani Kumar, Advocate
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Order No.03/Dated 06.08.2025
I.A. No. 6277 of 2025
1. The instant interlocutory application has been filed for
condoning the delay of 13 days, which has occurred in
preferring this appeal.
2. Learned counsel appearing for the appellant has
submitted by referring to the cause shown in the instant
interlocutory application with prayer to consider the same to be
sufficient cause to condone the delay of 13 days.
3. Learned counsel appearing for the respondent-wife has
made opposition in condoning the delay.
4. We have heard the learned counsel for the parties and
gone through the averments made in the instant interlocutory
2025:JHHC:22006-DB
application which is evident from the Paragraph 5 and 6 of the
delay condonation application.
5. This Court, after considering the statements made in the
delay condonation application, is of the view that the appellant
is prevented from sufficient cause in preferring this appeal
within time.
6. Accordingly, this interlocutory application is allowed
and the delay of 13 days in preferring this appeal, is hereby,
condoned.
7. The instant Interlocutory Application being I.A. No.
6277 of 2025 stands allowed and disposed of.
8. The appeal is filed under Section 19(1) of the Family
Courts Act, 1984 and directed aginst the Judgment dated
20.12.2024 and decree dated 20.12.2024 passed by the learned
Additional Principal Judge, Additional Family Court-I, Ranchi
in Original Suit No. 238 of 2021 for restitution of conjugal
rights, whereby and whereunder the suit has been dismissed on
contest filed by the appellant/husband.
9. The matter was heard yesterday.
10. Learned counsel for the appellant has submitted that
now wife is living along with her husband.
11. Considering the aforesaid fact, we are of the view that
the application filed under Section 9 of the Hindu Marriage Act
is being rendered to be infructuous since the lis which was
2025:JHHC:22006-DB
there by filing the application under Section 9 of the Hindu
Marriage Act, itself has redressed.
12. Hence, the instant appeal stands disposed of.
(Sujit Narayan Prasad, J.)
(Arun Kumar Rai, J.)
Rajnish/R.K.
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