Sweta Kumari v. Kumar Vishal

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.441 of 2024 ====================================================== Sweta Kumari, w/o Kumar Vishal and D/O Arun Kumar Mishra, at present Resident of Village- Kharjamma Mahanar, P.S- Mahanar, District- Vaishali, ... ... Petitioner/s

Versus

Kumar Vishal, S/O Vijay Kumar Jha, Resident of Village and PostMadhurapur, P.S- Bidupur, Distirct- Vaishali ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subhash Kumar Mishra, Advocate For the Respondent/s :

Mr. P.N. Shahi, Sr. Advocate Mr. Madhukar Anand, Advocate Mr. Aalekh Anand, Advocate Mr. Sourav Suman, Advocate Mr. Saubham Kr. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 18-07-2024 Heard learned counsel for the petitioner as well as learned senior counsel for the respondent.

2. After some argument, learned counsel for the petitioner seeks permission to withdraw the present petition with liberty to allow the petitioner to deposit cost of Rs. 3,000/- as ordered by the learned trial court on 12.01.2024.

3. Learned senior counsel appearing on behalf of the respondent opposes the submission made on behalf of the petitioner. Learned senior counsel submits that the petitioner refused to make the payment of cost of Rs. 3,000/- and this fact has been recorded by the learned trial court in the impugned order dated 19.03.2024. Learned senior counsel further submits that if indulgence is shown to the petitioner in allowing liberty

Patna High Court C.Misc. No.441 of 2024(5) dt.18-07-2024 2/2 to deposit the cost as directed by the learned trial court on 12.01.2024, the learned trial court may be directed to dispose of the matrimonial case pending before it within a stipulated time period since Section 21B(2) of the Hindu Marriage Act, 1955 enjoins the court to dispose of any matter pending before it within six months.

4. Having regard to the rival submission of the parties, the present civil miscellaneous petition is dismissed as withdrawn with liberty to the petitioner to deposit the cost in terms of order of the learned Principal Judge, Family Court, Vaishali dated 12.01.2024 which will pass further consequential orders. The petitioner will deposit the cost within two weeks from the date of this order. The learned Principal Judge, Family Court, Vaishali is further directed to take steps for disposal of the matter pending before it within six months from the date of receipt/production of a copy of this order.

5. With the aforesaid observation and direction, the present civil miscellaneous petition stands dismissed as withdrawn.

(Arun Kumar Jha, J) balmukund/- U