ORDER :

1. Leave granted.

2. This appeal by Nikesh Kumar impugns the judgment dated 02.07.2018 passed by the High Court of Jharkhand at Ranchi in F.A. no. 158/2012, whereby the appeal preferred by the respondent – Suman Devi was allowed and the decree of divorce was set aside.

3. The appellant – Nikesh Kumar and the respondent – Suman Devi got married on 08.12.2004. However, within a year of marriage or on or about 10.11.2005, the respondent started residing separately. Since then they have not cohabited.

4. The appellant had filed a petition for divorce on 15.09.2006, M.T.S. no. 121/2006, on the ground of cruelty and desertion. The decree for divorce was passed by the Family Court, Hazaribagh, Jharkhand on 09.08.2012.

5. After the decree for divorce was passed, the appellant got married to a third person on 29.11.2012. The marriage is duly registered. The appellant also has a child from the said marriage.

6. The respondent, in the meanwhile, had filed an appeal challenging the decree for divorce dated 09.08.2012, which has been allowed by the impugned judgment dated 02.07.2018.

7. This Court in “Shilpa Sailesh v. Varun Sreenivasan”, 2023 SCC OnLine SC 544, held that in exercise of power