Jaya Kumari v. Nandalal Mandal
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.279 of 2022 ====================================================== Jaya Kumari ... ... Appellant/s
Versus
Nandalal Mandal ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Niranjan Parihar, Advocate For the Respondent/s :
Mr. Rajesh Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 16-01-2025 Heard I.A. No. 2 of 2024
2. Interlocutory Application No. 2 of 2024 has been filed to recall the order dated 10.12.2024 insofar as litigation cost of Rs. 20,000/- is concerned. Respondent-Nandlal Mandal being Railway employee he cannot deny right of the appellantJaya Kumari in litigating the matter and for which she is entitled for financial support. Therefore, order dated 10.12.2024 stands modified from Rs. 20,000/- to that of Rs. 10,000/-. The same shall be paid by the Respondent-Nandlal Mandal to AppellantJaya Kumari through bank transfer within a period of two weeks. Accordingly, I.A. No. 2 of 2024 stands disposed of.
3. Appellant has prayed for the following relief(s):- "That this Misc. Appeal is being filed against the order dated 27.04.2022
Patna High Court MA No.279 of 2022(8) dt.16-01-2025 2/2 passed in Matrimonial Suit No. 32 of 2019 by the Principal Judge, Family Court, Jamui whereby and whereunder pleased to allow the suit by giving direction to the appellant to restore the conjugal right."
4. Today, parties are present. Appellant-Jaya Kumari intends to join her husband-Nandalal Mandal. She cannot pursue this matter in respect of order/judgment passed under Section 9 of the Hindu Marriage Act, 1955. Accordingly, she is permitted to withdraw the present Appeal No. 279 of 2022.
5. The present appeal stands dismissed as withdrawn reserving liberty to exercise such legal right available to her before the appropriate forum and in accordance with law. Pending Interlocutory Application(s), if any, stands disposed of. (P. B. Bajanthri, J) (Sunil Dutta Mishra, J) Vikash/- U