Jharkhand High Court

Suraj Rawani vs Lalita Devi on 1 May, 2025

Author: Sujit Narayan Prasad

Bench: Sujit Narayan Prasad, Rajesh Kumar

                                                     2025:JHHC:13027-DB




      IN THE HIGH COURT OF JHARKHAND AT RANCHI

                       First Appeal No.55 of 2019
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Suraj Rawani, aged about 27 years, S/o Raju Rawani, Resident of Village-Kalahajore, PO, PS-Madhupur, District-Deoghar ....... ... Appellant Versus Lalita Devi, Daughter of Vijay Rawani and wife of Suraj Rawani, Resident of Village-Kalahajore, PO, PS-Madhupur, District-Deoghar, at present residing at Village-Manjura, PO, PS-Ahilyapur, District-Deoghar ... ... 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. Akshay Raj, Advocate For the Respondent : ..........

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st Order No.07/Dated: 1 May, 2025

1. The instant appeal under section 19 of the Family Courts Act, 1984 is directed against the judgment dated 29.09.2018 in Matrimonial (Divorce) Suit No.67 of 2017 passed by the learned Principal Judge, Family Court, Deoghar whereby and whereunder the suit filed under section 13(1)(i-a)(i-b) of the Hindu Marriage Act, 1955 by the appellant- husband against the respondent-wife has been dismissed.

2. It appears that vide order dated 13.02.2024 passed in the present proceeding by which notice has been issued to the respondent both in limitation as well as on merit directing the appellant to take steps for service of notice by filing requisites etc. within two weeks.

3. Inspite of that direction, steps have not been taken by the appellant and the matter was again listed on 22.08.2024. On that day, on the prayer made by the learned counsel appearing for the appellant two weeks' further time was allowed to comply with the order dated 13.02.2024.

4. Today, the matter has been listed on Board under the heading for "Orders".

5. It appears from the office note dated 28.04.2025 that the requisites etc. in terms of the order dated 13.02.2024 has not been filed by the appellant as yet as per the report of the Filing Section.

2025:JHHC:13027-DB

6. The instant appeal is of the year 2019 and even the steps for service of notice to the respondent as directed vide order dated 13.02.2024 has not been taken by the appellant.

7. In view of the above, it appears that the appellant is not pursuing the matter with due diligence and, as such, this Court is of the view that the instant appeal is fit to be dismissed, accordingly, dismissed.

8. Consequently, I.A. No.5777 of 2019 filed under section 5 of the Limitation Act for condonation of delay also stands dismissed.

(Sujit Narayan Prasad, J.)

(Rajesh Kumar, J.)

Sudhir