Harshita @ Harshita Devi vs Hirendra Kumar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Pat) 421

ANIL KUMAR SINHA
Harshita @ Harshita Devi – Appellant
Versus
Hirendra Kumar – Respondent

Advocates appeared:
For the Petitioner: Mr. Shailendra Kumar Singh.
For the Respondent: None.

ANIL KUMAR SINHA, J.:–Heard Mr. Shailendra Kumar Singh, learned counsel for the petitioner and Mr. Yogesh Chandra Verma, learned senior counsel for the Respondent.

2. The petitioner is wife of the Respondent/husband. Respondent filed a Matrimonial Case seeking divorce from the petitioner under Section 13 (1) of the Hindu Marriage Act bearing Matrimonial Case No. 130 of 2013 in the Family Court, Madhepura.

3. The petitioner is aggrieved by the order dated 11.12.2017 passed by the Family Court, Bhagalpur, by which learned Family Court refused to recall the order dated 18.12.2014 by which petitioner was debarred from filing written statement and also did not allow her to lead evidence.

4. Learned counsel for the petitioner submits that at the instance of the petitioner, the case was transferred from Family Court, Madhepura, to Family Court, Bhagalpur. After transfer of the case in the Family Court, Bhagalpur, the petitioner filed the petition dated 6.2.2016 before the Family Court, Bhagalpur, for recall of the order dated 18.12.2014 and for allowing the petitioner/wife to file her written statement and to examine her witnesses in the Divorce Suit. Learned counsel next submits that only t

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