Patna High Court
Sushila Devi vs Divya Sonali @ Divya Sonali Singh on 31 July, 2025
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.210 of 2025
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1. Sushila Devi Wife of Upendra Narayan Singh Resident of Village- Poiwa,
P.O.- Poiwa, P.S.- Muffasil, District- Aurangabad (Bihar).
2. Upendra Narayan Singh, Son of Late Dharmdev Narayan Singh Resident of
Village- Poiwa, P.O.- Poiwa, P.S.- Muffasil, District- Aurangabad (Bihar).
... ... Petitioner/s
Versus
Divya Sonali @ Divya Sonali Singh, Wife of Late Gautam Kumar Singh
Resident of Gaddi Mohalla, P.O. and P.S.- Nagar, District- Giridih
(Jharkhand).
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Kumar, Advocate
For the Respondent/s : Mr. Jitendra Kumar Roy-1, Advocate
Mr. U.K. Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 31-07-2025
Record taken up on mentioning being made on
behalf of the respondent.
2. Heard learned counsel for the parties.
3. The petitioners have approached this Court for
setting aside the order dated 04.01.2025 passed by learned
Principal Judge, Family Court, Aurangabad in Guardianship
Case No. 05 of 2024, whereby and whereunder the learned
Family Court proceeded in the matter ex-parte against the
petitioners and the evidence of the respondent was closed
without cross-examination.
4. Learned counsel for the respondent submits that
Patna High Court C.Misc. No.210 of 2025 dt.31-07-2025
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the petitioners with intention of delaying the disposal of
Guardianship Case No. 05 of 2024, filed the present civil
miscellaneous though they have not genuine interest in cross-
examining the respondent or leading their own evidence.
Learned counsel further submits that the necessity for
mentioning the case arose when this Court, vide order dated
10.02.2025
, directed the learned trial court not to pronounce
judgment in Guardianship Case No. 05 of 2024 as the matter
before the learned trial court was fixed for judgment after
closure of argument of the respondent. Learned counsel further
submits that he has no objection if the present petition is
allowed and the petitioners are directed to cross-examine the
respondent and lead their evidence within a time frame.
5. Since the petitioners have approached this Court
with limited prayer for setting aside the order dated 04.01.2025,
whereby and whereunder the petitioners have been debarred
from cross-examining the respondent in Guardianship Case No.
05 of 2024 and have further been proceeded ex-parte, without
going into details of the case, the order dated 04.01.2025 is set
aside and the petitioners are directed to cross-examine the
respondent stated to be only witness on behalf of the respondent
before the learned trial court within a week after receipt of copy
Patna High Court C.Misc. No.210 of 2025 dt.31-07-2025
of this order. It is further directed that thereafter the petitioners
would adduce their evidence and respondent would cross-
examine the witnesses, if she so desires, also within a week
thereafter.
6. Learned trial court is directed to fix the dates
accordingly.
7. With the aforesaid observation and direction, the
present petition stands disposed of.
8. Office is directed to send a copy of this order to
the learned trial court forthwith through Fax/E-mail.
(Arun Kumar Jha, J)
DKS/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 31.07.2025
Transmission Date NA
