Chandan Kumar v. Anju Kumari @ Payal Soni

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.271 of 2022 ====================================================== Chandan Kumar Son of Late Raj Kishor Prasad, Resident of Chandan Palace, New Etwarpur, Parsa, Police Station- Parsa Bazar, District- Patna. ... ... Petitioner/s

Versus

Anju Kumari @ Payal Soni W/o- Chandan Kumar, Daughter of Nagendra Kumar, Resident of Mohalla- Nirala Nagar Colony, Behind Digha Police Station, P.O. and P.S.- Digha, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gopal Prasad Roy, Advocate For the Respondent/s :

Mr. Akhauri Kamal Kishore Sahay, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 05-08-2024 Present learned counsel for the petitioner as well as learned counsel for the sole respondent.

2. Learned counsel for the respondent submits that the marriage of the petitioner and the respondent has dissolved vide order dated 26.06.2024 passed in Matrimonial Case No. 1290 of 2023 by the Court of learned Principal Judge, Family Court, Patna. The dissolution of marriage took place after compromise between the parties. Learned counsel for the petitioner submits that in terms of the orders of the learned Co-ordinate Bench, the petitioner has deposited Rs.1,70,000/- with the learned Registrar General, Patna High Court and I.A. No. 01 of 2024 has been filed on behalf of the petitioner for refunding the amount of Rs.1,70,000/-. Learned counsel further submits that the learned Registrar General may be directed to refund the amount

Patna High Court C.Misc. No.271 of 2022(7) dt.05-08-2024 2/2 deposited by the petitioner and the present petition be disposed of in the light of aforesaid facts and circumstances.

3. On the last date i.e. on 20.06.2024 it has been pointed out by the office that the present petition was not maintainable under the provision of Section 19(4) of the Family Courts Act as only a revision was maintainable against the impugned orders of this case. It has been submitted by the learned counsels by the parties that the matter has been amicably settled by the parties and their marriage has been dissolved by grant of a decree of divorce.

4. Since the learned counsel for the respondent has no objection, the amount earlier ordered to be deposited i.e., Rs.1,70,000/- with the learned Registrar General is directed to be refunded to the petitioner in view of verification on proper application being moved on behalf of the petitioner within three months before Registrar General.

5. With the aforesaid observation, the present petition stands disposed of.

(Arun Kumar Jha, J) anuradha/- U