Hema Dube v. Akhilesh Kumar Tiwary And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.221 of 2012 ====================================================== HEMA DUBE ... ... Appellant/s

Versus

AKHILESH KUMAR TIWARY & ANR ... ... Respondent/s CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE DR. JUSTICE RAVI RANJAN) 15-09-2017 Perused the office note.

It appears therefrom that the appeal stood dismissed as against both the respondents.

This appeal has been preferred assailing the judgment/decree dated 13.12.2010 passed in Matrimonial Case No.43/2008 by the Principal Judge, Family Court, Rohtas by which the application filed under Section 13 of the Hindu Marriage Act for dissolution of marriage by passing a decree of divorce filed on behalf of the husband, respondent no.1, was decreed.

Thus, in our view, the respondents are necessary party and, in absence of them, the appeal cannot be decided. As such, the same has become incompetent to proceed with. As a result, this appeal stands dismissed as being

Patna High Court MA No.221 of 2012(6) dt.15-09-2017 2/2 incompetent to proceed.

(Dr. Ravi Ranjan, J) ( S. Kumar, J) Sanjay/- U