Smt. Purnima Devi v. Santosh Kumar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.86 of 2016 ====================================================== Smt. Purnima Devi, wife of Santosh Kumar, daughter of Hira Lal Prasad, resident of village & Post Office - Mohammadpur, P.S. - Baraharia, District - Siwan.

.... .... Appellant

Versus

Santosh Kumar, son of Late Raghunath Prasad Gupta, resident of village - Naya Bazar, Hathwa, P.O. & P.S. - Hathwa, District - Gopalganj. .... .... Respondent ====================================================== Appearance :

For the Appellant/s : Mr. Satya Narayan Mishra, Advocate For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH And HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH) 2.

19-07-2016 The Miscellaneous Appeal has been filed against the ex parte judgment and decree of judicial separation. The appellant is the wife.

Interlocutory Application No. 1140/2016 has been filed for condonation of delay of about seven months for filing the appeal.

From the judgment and decree under appeal itself, it is apparent that the notices were duly issued to this appellant, and upon refusal, newspaper publication had to be made. In spite of that, the appellant did not turn up in the proceedings.

Learned counsel for the appellant submits

Patna High Court MA No.86 of 2016 (2) dt.19-07-2016 2 / 2 that, in fact, the appellant had been thrown out of her house because she lodged a case under Section 498A of the Indian Penal Code against her husband that clearly shows that she was literate enough to assert her rights. No material has been brought on record to disapprove the finding of the Court that notices had been duly published in the newspaper upon refusal to accept the notice. In that view of the matter, we are not inclined to condone the delay. Interlocutory Application No. 1140/2016 is, thus, rejected.

Accordingly, the appeal, thus, stands dismissed.

(Navaniti Prasad Singh, J.) (Nilu Agrawal, J.) Rajeev/- U