Leela Devi vs Birendra Bhagat And Anr
2023 Latest Caselaw 85 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Miscellaneous Appeal No.638 of 2016
     ======================================================

Leela Devi W/O Birendra Bhagat D/O Ram Bilash Bhagat, R/O village Pahalam. PS. Banamaltahari, District- Saharsa ... ... Appellant/s Versus

1. Birendra Bhagat son of Dinanath Bhagat Resident of Village Singeshwar Durga Chowk Lahari Tola, PS. Singeshwar, District- Madhepura

2. Purushottam Bhagat son of Rameshwar Bhagat Resident at Saraswati Mobile, Durga Chowk PS. Singeshwar, District- Madhepura ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Sharda Nand Mishra, Advocate For the Respondent/s : Mr. (Dr.) Sanjay Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

Date : 04-01-2023

Heard Mr. Sharda Nand Mishra, learned Advocate for

the appellant/applicant and Dr. Sanjay Kumar Singh, learned

Advocate for the respondent/husband.

This appeal against the judgment of the Family Court

granting divorce of the couple was challenged after three years and

seven months by way of instant miscellaneous appeal.

On the issue of limitation, notice was issued to the

respondent pursuant to which he has appeared.

Dr. Sanjay Kumar Singh, learned Advocate for the

respondent/opposite party has drawn the attention of this Court to

the fact that on 27.05.2010, he was directed by the Court to give Patna High Court MA No.638 of 2016 dt.04-01-2023

the address of the maternal home of the appellant which he had

provided, on which notice was issued but there is no report of such

notice having been served upon the appellant.

Later, the Court acceded to the request of the

respondent/opposite party of sending notice through special

messenger.

The report of the special messenger before the Court

was that the appellant and one Purushottam Bhagat, who was also

a party in the proceeding, refused to accept the notice. To further

ensure the appearance of the parties, the Court issued a Gazette

notification to notice the appellant and also directed for Dasti

notice to be served to the appellant.

The order-sheet of the Court dated 08.04.2011 and

21.04.2011 suggest that all such requirements were fulfilled but

the appellant never appeared before the Court.

Notwithstanding the aforesaid facts, the Family Court

proceeded to hear the divorce petition in which aforesaid

Purushottam Bhagat participated. Though he has denied the

allegation of the respondent/husband that the appellant had been

living in adulterous relationship with him but on the issue of

desertion, which was a specific issue framed by the Family Court, Patna High Court MA No.638 of 2016 dt.04-01-2023

it was found that for all these years, the appellant had deserted the

husband without any rhyme or reason.

Dr. Sanjay Kumar Singh further intimates this Court that

out of the wedlock, two children were born who are now adults

and are still being maintained by the respondent/husband.

Mr. Sharda Nand Mishra has not been able to make out

any case for condonation of delay of three years and seven months

in preferring this miscellaneous appeal.

The petition is dismissed on ground of limitation.

                                                                  (Ashutosh Kumar, J)


                                                                   (Satyavrat Verma, J)


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Uploading Date          10.01.2023
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