Sanjay Yadav v. Nitu Kumari

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.711 of 2013 =========================================================== Sanjay Yadav, Son of Siya Lakhan Yadav, Resident of Village- Laxmanpur, P.S.- Bahera, District- Darbhanga .... .... Appellant

Versus

Nitu Kumari, Daughter of Krishna Yadav, At present residing at MohallaSahebdadganj, Manser, Ward No.-15, P.O.- Lalbag, P.S.- L.N.M.U., DistrictDarbhanga .... .... Respondents =========================================================== Appearance :

For the Appellant : Mr.

For the Respondent : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE V.N. SINHA) Date: 30-04-2015 By filing I.A. No. 1935 of 2014 appellant husband has applied for condoning 27 days' delay in filing the appeal.

2.

Having perused the Interlocutory Application we are satisfied that appellant has made out a case for condoning the delay in filing the appeal. Delay in filing the appeal is, accordingly, condoned. I.A. No. 1935 of 2014 is, accordingly, allowed.

3. Appellant husband is assailing the judgment, order dated 29.08.2013 passed by Principal Judge, Family Court, Darbhanga in

Patna High Court MA No.711 of 2013 dt.30-04-2015 2/2 Matrimonial Suit No. 58/2009, whereunder request for restitution of marriage under Section 9 of the Hindu Marriage Act, 1955 has been rejected in view of the evidence of the respondent 1st party wife. The evidence of respondent 1st party wife has been discussed in paragraph of the judgment wherefrom it appears that she does not want to reside at the matrimonial home as in the absence of her husband, who is working in Haryana, the father-inlaw is keeping an evil eye on her.

4. In the circumstances, we see no reason to interfere with the judgment, order under appeal. The appeal is dismissed.

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

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