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2019 Supreme(Pat) 1688

DINESH KUMAR SINGH, PRABHAT KUMAR SINGH
Ahana Gupta @ Ahana Choudhary D/o Sri Ambika Prasad, W/o Girish Kant Choudhary @ Sunny – Appellant
Versus
Girish Kant Choudhary @ Sunny S/o Naresh Choudhary – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mrs. Rashmi Jha, Advocate and Mr. Umesh Chandra Verma, Advocate
For the Respondent:Mr.Sarva Deo Singh, Advocate

JUDGMENT :

DINESH KUMAR SINGH, J.

I.A. No.6777 of 2017

1. Interlocutory Application has been filed with a prayer for early hearing of this appeal.

M.A. No. 661 of 2017

2. Heard Mrs. Rashmi Jha, learned counsel for the appellant and Mr. Sarva Deo Singh, learned counsel appearing for the respondent.

3. The present Miscellaneous Appeal has been filed for setting aside the judgment dated 14.06.2017 passed by the learned Principal Judge, Family Court, West Champaran, Bettiah in Divorce Case No. 51 of 2015 to the extent of expunging the observation/fact recorded against the defendant/appellant in the impugned judgment. The prayer stipulated in paragraph 1of the miscellaneous appeal is re-produced hereinbelow with profit:-

    “1. That the present Misc. Appeal is directed against the judgment dated 14.6.2017 and decree dated 30.6.2017 passed by the learned Principal Judge, Family Court, West Champaran, Bettiah, in Divorce Case No. 51 of 2015 to the extent that the following three observations therein have been made without any pleading and evidence to this effect:-

(i) she was living with her ‘bahnoi’ since 6.2.2013 casting aspersion and stigma on her character.

(ii) No one appeared on behalf of the O

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