Nita Devi vs Kapildeo Chaudhary
2023 Latest Caselaw 86 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Miscellaneous Appeal No.306 of 2015
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Nita Devi Wife of Kapildeo Chaudhary, Resident of Village -Mangarbigha Police Station - Giriyak, District - Nalanda.

... ... Appellant/s Versus Kapildeo Chaudhary Son of Late Darogi Chaudhary, Resident of Village

-Nangarbigha Police Station - Giriyak, District -Nalanda at preset posted as Branch Manager, Madhya Bihar Gramin Bank Rupal Nawada, District - Nawada.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Rabindra Prasad Singh, Advocate For the Respondent/s : Mr. Mrigendra Kumar, 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 learned Advocate for the appellant/wife

and Mr. Hansh Raj for the respondent/husband.

A divorce petition was filed by the respondent on

grounds of cruelty, desertion and adultery.

The Court has granted divorce but without

discussing the evidence of the parties.

It appears from the pleadings that the respondent

suspected infidelity. He also suffered physical and verbal

onslaught by his wife at his place of work, and that also

without any reason. The physical relationship between the Patna High Court MA No.306 of 2015 dt.04-01-2023

spouses were non-existent but we find from the

observations of the Family Court that two children were

born out of the wedlock and both of whom have become

majors.

The Family Court has adopted a short cut

approach of only stating that there is no contradiction in

the statement of the witnesses offered on behalf of the

respondent/husband, who had filed the petition for divorce.

We do not get any idea about the case.

We also find that there is no appearance on

behalf of the appellant/wife before the Court below.

We find that the Judgment is absolutely laconic,

even under the circumstance when an ex-parte Judgment

has been passed for the wife not having participated in the

proceedings.

Be that as it may, we do not even get to know

from the Judgment whether all efforts were exhausted to

ensure the presence of the wife in the proceeding before

the Court proceeded to hear ex-parte. Patna High Court MA No.306 of 2015 dt.04-01-2023

For the reason of the Judgment being absolutely

laconic, without any reason and without discussing even

the evidence of the witnesses offered on behalf of the

husband, we set it aside.

The matter is remanded to the Family Court for

writing out a fresh Judgment but only after giving

opportunity to the wife to put in her evidence and the

evidence of other witnesses on her behalf, if so desired,

giving opportunity to the husband to cross-examine such

witnesses and thereafter recording the statement of the

husband in case he desires to put in further evidence in

view of the appearance of the wife before the Court.

The Court shall pass a final Judgment giving

reasons in support thereafter.

The entire exercise must be concluded within a

period of four months, to be counted from the date of

receipt of the production of a copy of this order.

Let the records of this case be immediately

dispatched to the learned Principal Judge, Family Court, Patna High Court MA No.306 of 2015 dt.04-01-2023

Nalanda at Biharsharif in Divorce Case No. 82 of 2014 for

the needful.

We further clarify that we have not expressed any

opinion on the merits of the case of the respective parties.

(Ashutosh Kumar, J)

(Satyavrat Verma, J)

krishna/-

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Uploading Date          10.01.2023
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