Citation : 2025 Latest Caselaw 4094 Jhar
Judgement Date : 19 June, 2025
2025:JHHC:16123-DB
IN THE HIGH COURT OF JHARKHAND AT RANCHI
F.A. No.55 of 2022
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Sukhnath Oraon aged about 35 years son of Shanicharwa Oraon aged about 35 years son of Shanicharwa Oraon, resident of village Ugra Bhagat Toli, P.O. Korambe, P.S. Senha, District Lohardaga. ... ... Appellant Versus Chandmani Kumari aged about 34 years w/o Sukhnath Oraon, D/o Ganga Oraon, resident of village Banpur, P.S. Kosko, P.O. Jori, District Lohardaga.... ... 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. K.K.Ambastha, Advocate
: Ms. Kismanti Minz, Advocate
For the Respondent : None
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Order No. 20/Dated 19 June, 2025
th
1. The instant appeal is under Section 19(1) of the
Family Courts Act directed against the judgment dated
23.05.2022 passed by learned Principal Judge, Family
Court, Lohardaga in Original Suit No. 10 of 2021 by which
the decree of divorce has been denied.
2. Mr. Kundan Kumar Ambastha, learned counsel
appearing for the appellant along with Ms. Kismanti Minz,
learned counsel on record, have submitted in course of
argument that the matter has been settled which has been
taken note by the Coordinate Bench of this Court, as has
been recorded in the order dated 08.08.2024 (Order No.11).
The aforesaid order emphatically has been prayed to be
considered.
2025:JHHC:16123-DB
3. This Court, on insistence, has gone through the
said order and found that the Coordinate Bench, after
taking into consideration a document brought on record
wherein it has been stated that the matter has amicably
been settled and a compromise petition to that effect has
also been filed, having been appended thereto at page 5 of
the supplementary affidavit, has passed the order.
4. The Coordinate Bench, on the aforesaid backdrop,
has specifically recorded in the said order "Nothing remains
to be adjudicated", for ready reference, the said order dated
08.08.2024 is being referred hereunder as :-
"Order No.11/ Dated 8th August, 2024 Heard learned counsel for the parties.
2. From the documents brought on record, it appears that matter has already been settled amicably and a compromise petition to that effect has also been annexed, which is at page no. 5 of the supplementary affidavit. Nothing remains to be adjudicated. However, since the parties have not appeared, both parties i.e., appellant -husband and respondent-wife are hereby directed to appear in person before the Court on the next date. Appellant-husband is directed to pay a sum of Rs. 2000/- to the respondent wife as travelling allowance, which shall either be deposited in the account of respondent-wife or shall be given physically in the Court.
3. Post this matter on 28.08.2024 at 1.30 P.M. in the chamber"
5. No application has been filed to recall the aforesaid
order.
2025:JHHC:16123-DB
6. This Court, considering the fact that nothing
remains to be adjudicated in view of the aforesaid
compromise, is of the view that the instant appeal be
disposed of.
7. Accordingly and in view of the specific recording in
the order dated 08.08.2024 that "nothing remains to be
adjudicated", the instant appeal is disposed of having
become infructuous.
(Sujit Narayan Prasad, J.)
(Rajesh Kumar, J.) Birendra/
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