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Smita vs Dhananay Singh @ Pappu on 24 April, 2019

IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.78 of 2018

Smita, W/o- Dhananjay Singh @ Pappu, and D/o- Narendra Prasad Singh,
Resident of Village-Siyawak, P.O.-Siyanwak, P.S.- Rajpur, District-Rohtas, At
Present residing with her father at Village-Kirhindi, P.O.-Kirhindi, P.S.-
Sheosagar, District-Rohtas.

… … Appellant
Versus
Dhananay Singh @ Pappu, S/o Late Ram Janam Singh, Resident of Village-
Siyawak, P.O.-Siyanwak, P.S.-Rajpur, District-Rohtas.

… … Respondent

Appearance :

For the Appellant : Mr. K.N. Chaubey, Sr. Adv.

Mr. Bhanu Pratap Singh, Adv.

For the Respondent : Mr. Ashok Kumar Pandey, Adv.

Mr. Rajni Kant Pandey, Adv.

CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
and
HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH)

Date : 24-04-2019
Learned counsel for the appellant is permitted to

make necessary correction in the petition.

Heard Mr. Bhanu Pratap Singh, learned counsel

for the appellant and Mr. Rajni Kant Pandey, learned counsel for

the respondent.

The present appeal has been directed against the

judgment and decree dated 07.11.2017 and 14.11.2017, passed

by learned Principal Judge Family Court, Rohtas at Sasaram, in

Matrimonial Case No. 21 of 2010, whereby the matrimonial

case filed by the appellant under Section 13 of the Hindu

Marriage Act for dissolution of marriage, has been dismissed.
Patna High Court MA No.78 of 2018 dt.24-04-2019
2/4

The factual matrix of the case is that the appellant

was married with the respondent on 05.05.2007. At the time of

marriage, it was conveyed to the appellant that the respondent is

working as Probationary Officer in the State Bank of India, but

subsequently, the appellant came to know that the respondent is

working as a sweeper at Pune. Thereafter, the father of the

appellant lodged Sheosagar P.S. Case No. 91 of 2008, with

accusation under Sections 498A, Section323 and Section504 of the IPC against

the respondent and his family members and subsequently, on

01.02.2010, the appellant filed Matrimonial Case No. 21 of

2010, before the learned Principal Judge Family Court, Rohtas

at Sasaram with a prayer for dissolution of marriage on the

ground of desertion and cruelty. Consequently, from the

appellant’s side, three witnesses were examined whereas from

the respondent’s side, two witnesses were examined. The

learned Court below, appreciating the evidence adduced by

respondent/petitioner, came to a conclusion that the appellant

has failed to prove the ground of desertion and cruelty and

consequently dismissed the suit.

It appears that the matrimonial suit was filed with

four prayers, which reads as follows:-

“I. That on consideration and
adjudication of the abovesaid facts a decree of
divorce be passed by dissolving the marriage of
Patna High Court MA No.78 of 2018 dt.24-04-2019
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both the parties.

II. That a decree be also passed to
return the belongings of the petitioner alongwith
alimony of Rs. 20 Lakhs to the petitioner by the
O.P.

III. That any other relief or reliefs to
which the petitioner will be found entitled in the
eye of the Learned Court that may also be
awarded to the petitioner.

IV. That the cost of the case be
ordered to be awarded to the petitioner by the
O.P.”

It is submitted by the learned counsel for the

respondent that the respondent is ready for dissolution of

marriage but without payment of any alimony and cost of

litigation.

Learned counsel for the appellant submits that the

appellant is also ready for dissolution of marriage without any

claim for alimony or litigation cost.

In the circumstances, learned counsel for the

appellant seeks permission to withdraw the present

Miscellaneous Appeal.

Both sides agree to file an appropriate matrimonial

suit, under Section 13(B) of the Hindu Marriage Act for

dissolution of marriage, before the learned Principle Judge,

Family Court, Rohtas at Sasaram.

Since the appellant and the respondent are

working outside the State hence, they could not file any affidavit
Patna High Court MA No.78 of 2018 dt.24-04-2019
4/4

with regard to filing of Matrimonial Suit under Section 13(B) of

the Hindu Marriage Act.

In the circumstances, the present appeal is

permitted to be disposed of as withdrawn with above mentioned

liberty to the parties.

It is expected from the Principal Judge, Family

Court, Rohtas at Sasaram if any such matrimonial suit be filed,

the same be disposed of expeditiously.

(Dinesh Kumar Singh, J)

( Prabhat Kumar Singh, J)

Amrendra/Deepak/-

AFR/NAFR
CAV DATE
Uploading Date 27.04.2019
Transmission Date

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