Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI F.A. No.79 of 2025 ----- Jaya Bharti @ Komal
… … Appellant Versus Rakesh Kumar
… … Respondent With Civil Review No.124 of 2025 Rakesh Kumar, aged about 36 years, s/o Ramji Prasad, r/o Near Maa Sharda Mandir, Ram Nagar Colony, Chas, Bokaro, P.O. & P.S. – Chas, District – Bokaro. … … Petitioner Versus Jaya Bharti @ Komal, aged about 28 years, d/o Hemant Soni, r/o Ramnagar Colony, P.O., P.S. – Chas, District Bokaro, presently residing at Ward No.7, Main Road, Gadh Devi Muhalla, Garhwa, P.O., P.S. & District – Garhwa.
… … Opp. Party `-------
CORAM:HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON’BLE MR. JUSTICE RAJESH KUMAR ------- [F.A. No.79 of 2025] For the Appellant : Mr. Rishi Pallava, Advocate For the Respondent : Mr. Indrajit Sinha, Advocate [Civ. Review No.124 of 2025] For the Petitioner : Mr. Indrajit Sinha, Advocate For the Opp. Party : Mr. Rishi Pallava, Advocate ------
Order No. 08/Dated 1st October, 2026
Civil Review No.124 of 2025
1. The present review has been preferred for review of the order dated 16.07.2025 passed in F.A. No.79 of 2025 whereby and whereunder the delay of 485 days in filing the first appeal by the respondent has been condoned.
2. Mr. Indrajit Sinha, learned counsel appearing for the review petitioner, has submitted that now the situation has become irreversible due to the solemnization of second marriage by the respondent to the first appeal and the
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review petitioner and a child has also taken birth from the said wedlock.
3. The submission, therefore, has been made that the best course would be now settlement in terms of money.
4. Mr. Rishi Pallava, learned counsel appearing for the appellant to the first appeal and respondent to the present Civil Review No.124 of 2025, has submitted that if that be the position that the review petitioner has solemnized second marriage and having a child taken birth from that wedlock, the situation, as is being submitted on behalf of the review petitioner, is now irreversible, as such, in such a situation there is no possibility of resumption of conjugal life and contest for resumption of conjugal life will be a futile exercise.
5. He, therefore, has submitted that now the only
order is to be passed on the issue of consideration of alimony.
6. It has also been submitted that the respondent to the civil review and the appellant to the first appeal is also having a male child about five years and, as such, the appellant to the first appeal and respondent to the civil review is in dire need of money for her sustenance along with the sustenance of the growing child.
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7. Mr. Indrajit Sinha, learned counsel appearing for the review petitioner, in such a situation, has submitted that he will not press the civil review.
8. Accordingly, the instant civil review is being dismissed as not pressed. F.A. No.79 of 2025
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Learned counsel appearing for both the parties have submitted that the parties may be directed to participate in a mediation proceeding in the JHALSA and if the matter will be settled there, there will be no need for adjudication of the issue of alimony.
10. Since both the parties have consented for participating in the mediation proceeding, they are directed to report to the Member Secretary, JHALSA on 12.10.2026 sharp at 11:30 A.M.
11. At this juncture, it has been submitted by Mr. Rishi Pallava, learned counsel appearing for the appellant, that difficulty in survival along with the five-year-old male child is being faced by the appellant due to financial crisis, as no means of income are available and no maintenance is being provided.
12. However, it has been submitted that an application for grant of maintenance has already been preferred before the concerned court.
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13. Mr. Indrajit Sinha, learned counsel appearing for the respondent-husband, as a gesture of goodwill and taking into consideration the fact that a five-year-old male child has been born from the wedlock of the respondent- husband and the appellant-wife, and that the child must be sustained with proper education, has submitted that a sum of Rs.20,000/- per month shall be paid on a month-to- month basis for their survival, in addition to the quantum of alimony, if settled.
14. Let this matter be posted on 26.11.2026 awaiting the mediation report.
(Sujit Narayan Prasad, J.)
(Rajesh Kumar, J.) Date : 1st October, 2026 Birendra/