Jharkhand High Court
Krishna Kumar vs Rajni Lal & Anr on 17 July, 2025
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad, Rajesh Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
F.A. No.02 of 2021
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Krishna Kumar .... .... Appellant(s)
Versus
Rajni Lal & Anr. .... .... Respondent(s)
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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(s) : Mrs. Ritu Kumar, Adv.
Mr. Pran Pranay, Adv.
For the State : Mr. Sachin Kumar, A.A.G.-II
For the Respondent(s) : Ms. Sharda Kumari, Adv.
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th
31/Dated: 17 July, 2025
I.A. No.9293 of 2025
1. The instant interlocutory application has been filed for seeking
exemption from personal appearance of the Deputy Commissioner, Giridih.
2. It has been stated in the instant application that the report which was to
be submitted in compliance of the order dated 02.07.2025, actually, has been
received after proceeding of the present case has been concluded on the date
fixed i.e. on 11.07.2025.
3. Since, the report has already been received by the office of the learned
Advocate General on the same day and as such the present application has been
filed for seeking exemption on the aforesaid ground as there is no casual
approach of the Deputy Commissioner, Giridih.
4. This Court, considering the aforesaid statement as averred in the instant
interlocutory application, is of the view that the instant interlocutory
application is to be allowed.
5. Accordingly, the personal appearance of the Deputy Commissioner,
Giridih is exempted.
6. Resultantly, the present interlocutory application being I.A. No.9293 of
2025 stands allowed and accordingly disposed of.
7. We have gone through the content of the report submitted by the
Deputy Commissioner, Giridih. The copy of the said sealed covered report has
also been handed over to the learned counsel appearing for the appellant to go
through it in the open Court and Mrs. Ritu Kumar, learned counsel appearing
for the appellant has gone through the entire enquiry report.
8. We have perused the report furnished under the signature of the Sub-
Divisional Officer, Sadar, Giridih addressed to the Deputy Commissioner-cum-
District Magistrate, Giridih.
9. Before considering the report, it needs to refer herein the order dated
02nd July, 2025, in the context which the report have been called for from the
Deputy Commissioner, Giridih. The background is that the respondent-wife
along with two young female children who are also present in the Court. This
Court while interacting with the respondent-wife and her children, came to
know that some amount for maintenance is being paid on the basis of the order
passed by the Family Court in the jurisdiction of the State of West Bengal. The
appellant has filed a suit for divorce under Section 13(1)(i)(ia) of the Hindi
Marriage Act, 1955 and the said suit had been dismissed by the Family Court
and hence the present appeal has been preferred.
10. It appears from the order dated 24th June, 2025 passed by this Court
that the husband, since, was ready for settlement on payment of Rs.25,00,000/-
but we on consideration of the fact that it is not the respondent wife alone but
she is having also two young female children, and as such settlement amount of
Rs.25,000,00/- is not sufficient enough, therefore, this Court had passed an
order on 02.07.2025, in order to consider the issue of alimony and the direction
had been given to file an affidavit in pursuance to the judgment passed by the
Hon'ble Apex Court in the case of Rajnesh versus Neha & Another, reported
in 2021 2 SCC 324.
11. The respondent husband has shown that his income is very meagre by
taking the stand that he is working in crusher owned by his maternal uncle. The
Family Court in the aforesaid pretext has considered that ground even though
divorce has been refused.
12. This court has called for a report from the Deputy Commissioner,
Giridih on the issue of solemnization of second marriage as was raised by the
respondent-wife and the fact to corroborate as to whether the husband is
working in the crusher owned by his maternal uncle.
13. A report has been submitted by the Deputy Commissioner, Giridih
covering a letter dated 10.07.2025 appended therewith the report of the Sub-
Divisional Officer, Giridih dated 09.07.2025 and it appears from the said report
that the crusher which is said to be owned by his maternal uncle of the
appellant, has been appeared to be incorrect, since, the crusher has been found
to be as a partnership firm and to that effect a partnership agreement has also
been appended. The partnership agreement is between the mother of the
appellant and his maternal uncle.
14. We are dealing with the issue where the appellant has filed a suit for
divorce on the ground of cruelty which has been dismissed and thereafter the
present appeal has been preferred.
15. Serious challenge has been made by the learned counsel for the
respondent-wife that the said crusher has been shown to be in the name of M/S
Kalyani Stone Chips owned by Gayatri Devi as proprietorship firm. The said
registration is dated 08.05.2020 in the name of Gayatri Devi, wife of Gandouri
Lal.
16. Copy of the license has been produced on behalf of the appellant. We
have perused the said licence shown to be a partnership firm, the affidavit to
that effect has also been filed by stating that the Crusher is not owned by him.
17. In the report, M/S Kalyani Stone Chips has been registered in the name
of Gayatri Devi, wife of Gandouri Lal but the licence shows the type of
organizing body as partnership firm.
18. There appears to be a contradiction in the licence and the report
furnished by the Sub-Divisional Officer, Sadar, Giridih.
19. This Court in order to have the correct picture, is of the view that
District Mining Officer, Giridih is to appear physically before this Court along
with the record pertaining to the licence in question (Licence
No.FCA2234986883501).
20. Let the District Mining Officer, Giridih be appeared physically before
this Court along with the entire record on the next date of hearing i.e. on
22.07.2025.
21. Both the parties are to appear in the next date of hearing.
22. List this matter on 22.07.2025.
23. Let the photocopy of the license and report submitted by S.D.O., Sadar,
Giridih be kept on record forthwith.
(Sujit Narayan Prasad, J.)
(Rajesh Kumar, J.)
Amar-Shahid/-
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