Rajendra Turi vs Mamta Devi
2025 Latest Caselaw 1955 Jhar

Jharkhand High Court

Rajendra Turi vs Mamta Devi on 23 January, 2025

Author: Rongon Mukhopadhyay

Bench: Rongon Mukhopadhyay

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         First Appeal No. 66 of 2023
     Rajendra Turi, son of Arjun Turi, resident of Village Kusumbha, P.O. Sultana, P.S.
     Katkamdag, District Hazaribag
                                                           ...       Appellant
                                      Versus
     1. Mamta Devi, wife of Rajendra Turi, D/o Mahendra Turi, Ram Kumar Mandal,
        permanent resident of Village Kusumbha, P.O. Sultana, P.S. Katkamdag, District
        Hazaribag. Present Address resident of Village Pindra, P.O. Pindra, P.S. Charhi,
        District Hazaribag
     2. Surendra Yadav, son of Late Chandra Gope, resident of Village Kusumbha, P.O.
        Sultana, P.S. Katkamdag, District Hazaribag
                                                                 ...        Respondent
                                             ---

CORAM: HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY HON'BLE MR. JUSTICE ARUN KUMAR RAI For the Appellant : Mr. Manish Kumar, Advocate For the Respondent-1 : Mr. Ram Lakhan Yadav, Advocate

Order No.09 Dated 23rd January, 2025

---

Heard Mr. Manish Kumar, learned counsel for the appellant and Mr. Ram Lakhan Yadav, learned counsel appearing for the respondent No. 1.

This appeal is directed against the judgment and decree dated 08.02.2023 (decree signed on 25.02.2023) passed by Sri Shambhu Lal Shaw, learned Principal Judge, Family Court, Hazaribag in Original Suit No. 162 of 2022, whereby and whereunder, the suit preferred by the appellant u/s 13(1)(i)(ia) (ib) of the Hindu Marriage Act, 1955 has been dismissed.

On 16.01.2025, Mr. Ram Lakhan Yadav, learned counsel for the respondent No. 1 had submitted that the appellant and the respondent No. 1 are staying together and accordingly Mr. Manish Kumar, learned counsel for the appellant was directed to take instruction with respect to the above statement. Today he has submitted a supplementary affidavit in which it has been categorically stated that the appellant and the respondent No. 1 are staying together since August, 2024 and therefore the appellant does not want to proceed with this appeal.

In view of the averments made in the supplementary affidavit which have been filed at the Bar, this appeal, accordingly is dismissed as withdrawn.

Let the supplementary affidavit be kept on record.

                                               (RONGON MUKHOPADHYAY, J.)


MK                                                  (ARUN KUMAR RAI, J.)