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Patna High Court/61748/2021allowed

Alok Kumar @ Alok Kumar Saurav @ Alok Kumar Pandey v. The State Of Bihar

2023-04-05Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61748 of 2021 In CRIMINAL MISCELLANEOUS No.57985 of 2018 Arising Out of PS. Case No.-70 Year-2018 Thana- BASANTPUR District- Siwan ====================================================== ALOK KUMAR @ ALOK KUMAR SAURAV @ ALOK KUMAR PANDEY Son of Manindar Kumar Pandey Resident of Village- Ujjaina, P.S.- Basantpur, District- Siwan.

... ... Petitioner

Versus

1.

The State of Bihar 2.

Kumari Archana @ Gudiya D/o Mankeshwar Rai Resident of VillageDumrahar, P.S.- Darauli, District- Siwan. ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Radha Mohan Singh, Advocate For the State :

Mr.Mritunjay Kumar Nirala, APP for opposite party no.2 Mr. Shashikant, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-04-2023 Interlocutory application dated 7.2.2023 has been filed for directing te Principal Judge, Family Court. Siwan for waiving the provision of statutory waiting period of 6 months as per Section 13(B)(2) of the Hindu Marriage Act. It is submitted by learned counsel for the petitioner that parties have compromised the matter before the mediator and as per the compromise, petitioner has agreed to pay Rs.14 lacs to opposite party no.2 as full and final alimony and opposite party no.2 has also agreed to withdraw the case filed by her against the petitioner and his family. Divorce Case No. 349 of 2022 has also been filed on 14.12.2022 upon which petitioner

Patna High Court CR. MISC. No.61748 of 2021(15) dt.05-04-2023 2/2 and opposite party no.2 have put their signatures. Having heard learned counsel for the petitioner, the State and opposite party no.2 as also in view of the facts and circumstances of the case narrated above, this Court find it fit and proper in the interest of justice to direct the Principal Judge, Family Court, Siwan to waive the statutory waiting period of 6 months under section 13(B)(2) of the Hindu Marriage Act, 1955 in connection with Divorce Case No. 349 of 2022. Order dated 30.11.2018, passed in Cr.Misc.No. 57985/2018 also stands modified accordingly.

(Prabhat Kumar Singh, J) shashi/- U T