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2025 DAILYLAW 5744 (JHR)

Somnath Das v. Sheoli Hati

FA/68/2016 · 2025-05-02

Rajesh Kumar, Sujit Narayan Prasad

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Judgment text

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2025:JHHC:13152-DB 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI F.A. No.59 of 2016 ----- Ms. Sheoli Hati, daughter of Shri A.K. Hati, resident of Vijaya Haritage, Flat No.1711, Kamet, P.O. Kadma, Jamshedpur, P.S. Kadma, District : - East Singhbhum. … … Appellant Versus Somnath Das, son of late Dr. Sachindra Lal Das, resident of No.506 Block I, Krishna Apartment, No.13, Ali Askar Road, P.O. and P.S. Bengaluru, District : - Bengaluru, Karnataka. … … Respondent With F.A. No.68 of 2016 ----- Somnath Das, son of Late Dr. Sachindra Lal Das, resident of 506, Block-1, Krishna Apartment, No-.13, Ali Askar Road, P.O. Vasanthnagar, P.S. Cubbon Park, Bengaluru- 560052 (Karnataka). … … Appellant Versus Sheoli Hati, daughter of Sri A.K. Hati, resident of Vijaya Heritage, Flat No.1711, “Kamet”, P.O. and P.S. Kadma, Town Jamshedpur, District Singhbhum East (Jharkhand). … … Respondent ------- CORAM:HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE RAJESH KUMAR ------- [F.A.No.59/2016] For the Appellant : Mr. Sakaldeo Singh, Advocate For the Respondent : Mr. Prashant Pallav, Advocate [F.A.No.68/2016] For the Appellant : Mr. Prashant Pallav, Advocate For the Respondent : Mr. Sakaldeo Singh, Advocate ------ Order No. 44/Dated 2nd May, 2025 1. Both appeals are being taken up together. 2. Mr. Sakaldeo Singh, learned counsel is appearing for the appellant-mother of the daughter while Mr. Prashant Pallav, learned counsel is representing the respondent-father of the daughter in F.A. No.59 of 2016. 2025:JHHC:13152-DB 2 3. The second case, i.e., F.A. No.68 of 2016, has been preferred by the father of the daughter, namely, Somnath Das, who is being represented by Mr. Prashant Pallav, learned counsel and Mr. Sakaldeo Singh, learned counsel, is appearing for the respondent-mother of the daughter in this appeal. 4. Mr. Sakaldeo Singh, learned counsel has submitted that he had appeared in the instant appeal, i.e., F.A. No.68 of 2016, on earlier occasion and had also filed counter affidavit on 21.09.2022. 5. Learned counsel appearing for both the parties have submitted that direction as contained in the judgment passed by the learned Principal Judge, Family Court, Jamshedpur dated 31.03.2016, which has been upheld by the Hon'ble Apex Court vide order dated 11.07.2019 passed in Civil Appeal Nos. 5388 – 5389 of 2019, has achieved its effect since the daughter taken birth from the wedlock of Sheoli Hati and Somnath Das, appellants in F.A. No.59 of 2016 and F.A. No.68 of 2016 respectively, is about to complete her studies as she is now in Class-XII in Good Shepherd International School, Ooty. 6. It has been submitted that as on date, the daughter has attained the age of 18 years counting it from her date of birth, i.e., 09.04.2007. 2025:JHHC:13152-DB 3 7. Learned counsel appearing for both the parties have submitted that learned Principal Judge, Family Court, Jamshedpur vide order dated 31.03.2016 has decided the issue pertaining to the admission of the daughter to a Boarding School. 8. The daughter since has attained the age of 18 years as also she is studying in the Boarding School, i.e., Good Shepherd International School, Ooty in Class-XII, therefore, the judgment passed by the learned Family Court, Jamshedpur has lost its force. 9. Mr. Sakaldeo Singh, learned counsel appearing for the mother of the daughter, has shown his concern regarding the upbringing of the daughter, i.e., further education, health and marriage, and has prayed that some direction may be passed taking into consideration the future of the daughter. 10. On this, Mr. Prashant Pallav, learned counsel appearing for the father of the daughter, namely, Aditi Bishakha Das, has submitted that the father of the daughter has given him input that he will take all care regarding welfare, education, health and the issue of marriage of his daughter. 11. It has been submitted by Mr. Pallav that Mr. Somnath Das, appellant in F.A. No.59 of 2016 and respondent in F.A. No.68 of 2016, has always taken care for 2025:JHHC:13152-DB 4 the purpose of fulfilling the obligations which it to be performed by the father of a daughter being the pious duty of the father and there is nothing like that he will not perform his accountability/responsibility as a father towards his daughter (Aditi Bishakha Das). 12. Upon this, Mr. Sakaldeo Singh, learned counsel, has submitted that F.A. No.59 of 2016 may be disposed of in terms of the aforesaid submission made by Mr. Pallav based upon the instruction furnished by the father of the daughter (Aditi Bishakha Das). 13. Mr. Prashant Pallav, learned counsel appearing for the appellant in F.A. No.68 of 2016 has submitted that in terms of the aforesaid submission, F.A. No.68 of 2016 may also be disposed of. 14. In view of aforesaid submission, both the appeals stand disposed of. 15. Pending interlocutory applications also stand disposed of. (Sujit Narayan Prasad, J.) (Rajesh Kumar, J.) Birendra/