Swati Kumari v. Ashit Kumar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.930 of 2017 ====================================================== Swati Kumari W/o Ashit Kumar, D/o Ram Vinod Singh, resident of Village- Pirapur, P.S.- Jandaha, District- Vaishali, At present addressResident of Village- Keshawey, P.S. Barauni, District- Begusarai. ... ... Appellant/s

Versus

Ashit Kumar Son of Arun Choudhary, resident of Village- Pirapur, P.S. Jandaha, District- Vaishali.

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

For the Appellant/s :

Mr.Jai Prakash Singh, Adv.

For the Respondent/s :

Ms. Prakritita Sharma, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH) 24-09-2019 The present Miscellaneous Appeal has been preferred for setting aside the judgment and decree dated 19.07.2017 passed in Divorce Case No. 82 of 2016, by the learned Principal Judge, Family Court, Begusarai, whereby the matrimonial suit filed, for a decree of divorce on dissolution of marriage between the appellant and the respondent, on the ground of desertion, has been dismissed with cost.

On the joint prayer of the parties vide order dated 20.08.2019, the matter was referred to Mediation and Conciliation Centre, Bihar State Legal Services Committee.

Patna High Court MA No.930 of 2017(6) dt.24-09-2019 2/2 The report of the Mediator dated 09.08.2019, at Flag-'Z' reflects that the issue has been resolved between the parties to the effect that they have decided to part ways. As jointly prayed for by Mr. J.P. Singh, learned counsel for the appellant and Ms. Prakritita Sharma, learned counsel appearing for the respondent, the present Miscellaneous Appeal is permitted to be withdrawn with liberty to file a Matrimonial Suit under Section 13(B) of the Hindu Marriage Act, 1955 for a decree of divorce with consent within a period of four weeks from the date of this order before the learned Principal Judge, Family Court, Begusarai.

In view of the above mentioned issues and the report of the Mediator, the present Miscellaneous Appeal is disposed of as withdrawn with the liberty aforesaid. (Dinesh Kumar Singh, J) ( Arvind Srivastava, J) brajesh/- U