Rakhi Kakar v. Vikas Kakar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.644 of 2017 ====================================================== Rakhi Kakar wife of Vikas Kakar, resident of Village- Behia Road, Piro, P.S.- Piro, District- Bhojpur.

... ... Appellant/s

Versus

Vikas Kakar son of Vijay Shankar Kakar, resident of Village- Behia Road, Piro, P.S.- Piro, District- Bhojpur.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Shailendra Kumar Jha For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 22-02-2019 Re: I.A. No. 4839/2018 The delay is of two months and one day.

Mr. Shailendra Kumar Jha, learned Counsel for the appellant is present. The sole respondent having registered appearance through counsel has not appeared today. We have perused the records as well as the reasons assigned for the delay so caused in filing the appeal which is two months and one day.

Having heard Mr. Jha, learned Counsel for the appellant and having perused the reasons assigned, we are persuaded to condone the delay of two months and one day in filing the appeal which is accordingly condoned.

I.A. No. 4839 of 2018 is allowed.

Patna High Court MA No.644 of 2017 dt.22-02-2019 2/2 Re: MA No. 644 of 2017 with I.A. No. 8012/2018 This appeal arises from a judgment and decree passed in Matrimonial (Divorce) Case No. 153/2008 by the Principal Judge, Bhojpur at Arrah, whereby the marriage has been dissolved under Section 13 of the Hindu Marriage Act, 1955 and it is questioning such dissolution that the wife as the appellant is before this Court. Pleadings on record would demonstrate that some kind of effort was made for resolution of dispute and following which a joint compromise petition has been filed by the parties bearing I.A. No. 8012/2018 under Order 23 Rule 3 of the Code of Civil Procedure (hereinafter referred to as 'the Code') read with Section 151 thereof and it is in reference thereto that Mr. Shailendra Kumar Jha, learned Counsel appearing for the appellant prays for disposal of the appeal, which is disposed of accordingly in terms of the compromise arrived at between the parties as present in the interlocutory application.

(Jyoti Saran, J) ( Arvind Srivastava, J) Archana/ Surendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.02.2019 Transmission Date NA