Shiv Shambhu Kumar @ Bambam v. Smt. Soni Kumari
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.800 of 2014 ====================================================== Shiv Shambhu Kumar @ Bambam Son of Sri Chakravarti Prasad Singh. Resident of village - Matihani, P.S.- Matihani, District - Begusarai. ... ... Appellant/s
Versus
Smt. Soni Kumari Wife of Shiv Shambhu Kumar @ Bambam, and Daughter of Sri Sunil Kumar Singh. Resident of village - Pachamba, P.S.- Muffasil, District - Begusarai.
... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Deepak Kumar, Advocate For the Respondent/s :
Mr. Amish Kumar, Advocate Mr. Krishna Chandra Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 07-03-2024 Respective parties are present in the Court. They have entered into settlement and settlement is in the form of Interlocutory Application No. 2 of 2024 in Miscellaneous Appeal No. 800 of 2014.
2. I.A. No. 2 of 2024 is in the form of settlement deed among the respective parties and it is supported by affidavit dated 05.03.2024. In the affidavit of respective parties, in para 2 inadvertently it is mentioned as 'petition' in respect of I.A. No. 2 of 2024. Parties are hereby directed to correct/rectify 'petition' to that
Patna High Court MA No.800 of 2014 dt.07-03-2024 2/3 of I.A. No. 2 of 2024 before the Registrar in the light of the Rules of the Patna High Court, 1916 to the extent that if there are any defects in the petition/affidavit and which was sworn before the Oath Commissioner or Notary it could be rectified before the Registrar and after identifying the parties and the same shall be carried out. In view of I.A. No. 2 of 2024, present appeal filed by the appellant-Shiv Shambhu Kumar @ Bambam and respondentSoni Kumari wife of appellant in assailing the judgment dated 11.09.2014 and decree dated 15.10.2014 passed in Matrimonial Case No. 200 of 2012/1180 of 2013 is set aside and decree of divorce/relief sought by appellant- Shiv Shambhu Kumar @ Bambam stands allowed.
3. Registry is hereby directed to draw a decree of divorce in terms of settlement arrived between the parties in the form of I.A. No. 2 of 2024. Accordingly, the present Miscellaneous Appeal No. 800 of 2014 stands disposed of. I.A. No. 2 of 2024 shall stand disposed of after carrying out necessary correction by the respective parties in the affidavit.
4. The Court Master is hereby directed to take signatures of the respective parties and their respective counsel in the office note to the extent that they are aware of the today's order.
Patna High Court MA No.800 of 2014 dt.07-03-2024 3/3
5. If the respective parties violated any conditions stipulated in the I.A. No. 2 of 2024 either of the parties are permitted to file interlocutory application to revive today's order. (P. B. Bajanthri, J) (Alok Kumar Pandey, J) Vikash/- AFR/NAFR NAFR CAV DATE N/A Uploading Date Transmission Date N/A