Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI F.A. No.55 of 2022 ----- Sukhnath Oraon aged about 35 years son of Shanicharwa Oraon aged about 35 years son of Shanicharwa Oraon, resident of village Ugra Bhagat Toli, P.O. Korambe, P.S. Senha, District Lohardaga. … … Appellant Versus Chandmani Kumari aged about 34 years w/o Sukhnath Oraon, D/o Ganga Oraon, resident of village Banpur, P.S. Kosko, P.O. Jori, District Lohardaga.… … Respondent -------
CORAM:HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON’BLE MR. JUSTICE RAJESH KUMAR ------- For the Appellant : Mr. K.K.Ambastha, Advocate
: Ms. Kismanti Minz, Advocate For the Respondent : None ------
Order No. 20/Dated 19th June, 2025
1. The instant appeal is under Section 19(1) of the Family Courts Act directed against the judgment dated 23.05.2022 passed by learned Principal Judge, Family Court, Lohardaga in Original Suit No. 10 of 2021 by which the decree of divorce has been denied.
2. Mr. Kundan Kumar Ambastha, learned counsel appearing for the appellant along with Ms. Kismanti Minz,
learned counsel on record, have submitted in course of argument that the matter has been settled which has been taken note by the Coordinate Bench of this Court, as has been recorded in the order dated 08.08.2024 (Order No.11). The aforesaid order emphatically has been prayed to be considered.
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3. This Court, on insistence, has gone through the said order and found that the Coordinate Bench, after taking into consideration a document brought on record wherein it has been stated that the matter has amicably been settled and a compromise petition to that effect has also been filed, having been appended thereto at page 5 of the supplementary affidavit, has passed the order.
4. The Coordinate Bench, on the aforesaid backdrop, has specifically recorded in the said order “Nothing remains to be adjudicated”, for ready reference, the said order dated 08.08.2024 is being referred hereunder as :-
“Order No.11/ Dated 8th August, 2024
Heard learned counsel for the parties.
2. From the documents brought on record, it appears that matter has already been settled amicably and a compromise petition to that effect has also been annexed, which is at page no. 5 of the supplementary affidavit. Nothing remains to be adjudicated. However, since the parties have not appeared, both parties i.e., appellant -husband and respondent-wife are hereby directed to appear in person before the Court on the next date. Appellant-husband is directed to pay a sum of Rs. 2000/- to the respondent wife as travelling allowance, which shall either be deposited in the account of respondent-wife or shall be given physically in the Court.
3. Post this matter on 28.08.2024 at 1.30 P.M. in the chamber”
5. No application has been filed to recall the aforesaid
order.
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6. This Court, considering the fact that nothing remains to be adjudicated in view of the aforesaid compromise, is of the view that the instant appeal be
disposed of.
7. Accordingly and in view of the specific recording in the order dated 08.08.2024 that “nothing remains to be adjudicated”, the instant appeal is disposed of having become infructuous.
(Sujit Narayan Prasad, J.)
(Rajesh Kumar, J.) Birendra/