Smt. Asha Lata @ Asha Lata Kumar v. Er. Ratan Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.74 of 2015 ====================================================== Smt. Asha Lata @ Asha Lata Kumar, W/o Er. Ratan Kumar, D/o Late Baidyanath Bhagat, Resident of 5A/71 Bhagat Sadan, Sahjanand Path, Boring Road, Post Office-Patliputra, Police Station-Shrikrishnapuri, District Patna. ... ... Appellant/s
Versus
Er. Ratan Kumar, S/o Shri Sadanand Prasad, Permanent Resident of Mohalla Saraiya, Post Office-Saraiya, Police Station-Chautham, District-Khagaria, Presently at Street No. 01, Hindustan Park, Asansol-4, Post Office-Asansol, Police Station- Hirapur, District-Bardwan (W.B.). ... ... Respondent/s ====================================================== Appearance :
For the Appellant :
Mr.S.M. Ashraf, Advocate Mr. Sanjay Kumar, Advocate For the Respondent :
Mr. Jitendra Kumar Roy-1, Advocate Mrs.Usha Kumari Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH) 08-11-2019 The present miscellaneous appeal has been preferred against the ex parte judgment and decree dated 12.02.2007 passed in Matrimonial (Divorce) Suit No.16 of 2004 passed by the Principal Judge, Family Court, Khagaria, whereby the marriage of the appellant with the respondent has been dissolved by an ex parte decree of divorce on the ground of cruelty and desertion.
Learned counsel for the appellant seeks permission to withdraw the appeal to prefer an appropriate application under Order IX Rule 13 of the C.P.C. before the court concerned
Patna High Court MA No.74 of 2015(6) dt.08-11-2019 2/2 within a period of four weeks from the date of receipt/production of a copy of this order.
The appeal is permitted to be withdrawn with liberty aforementioned.
However, it is expected that the concerned court to consider the question of condoning the delay in filing application under Order IX Rule 13 C.P.C.in view of the fact that the present miscellaneous appeal was pending before this Court.
Accordingly, the Miscellaneous Appeal is disposed of. (Dinesh Kumar Singh, J) (Anjana Mishra, J) PNM U