Anil Kumar v. Jaya Sinha

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.883 of 2012 =========================================================== Anil Kumar, S/o Mithilesh Kumar Verma, Resident of Mohalla- Adarsh Colony, Shyam Chak, P.S- Bhagwan Bazar, District- Saran at Chapra. .... .... Appellant

Versus

Jaya Sinha, W/o Anil Kumar, D/o Mukteshwar Prasad, Resident of MohallaPrabhunath Nagar, P.S- Chapra Mufassil, District- Saran at Chapra. .... .... Respondent =========================================================== Appearance :

For the Appellant : Mr. Dewendra Narayan Singh, Advocate. Mr. A.N. Singh-I, Advocate.

For the Respondent :

=========================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE V.N. SINHA) Date: 07-07-2015 By filing this appeal appellant has assailed judgment dated 31.07.2012 passed by Principal Judge, Family Court, Saran, Chapra in Matrimonial Case No. 156 of 2006, whereunder Matrimonial Suit filed on the ground of insanity of the wife has been rejected holding that the same is not maintainable as her guardian or next friend has not been impleaded as party respondent in the suit.

2. While rejecting the matrimonial case on ground of maintainability in Paragraph 13 the court below has not considered the other grounds

Patna High Court MA No.883 of 2012 dt.07-07-2015 2/2 raised in support of the petition for divorce, so submitted counsel for the appellant. If that be so, appellant may be advised to file a fresh suit for reconsideration of the grounds which have not been dealt with in the impugned order.

3.

The Miscellaneous Appeal is, accordingly, disposed of.

(V.N. Sinha, J) (Nilu Agrawal, J) P.K.P.

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