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2017 Supreme(Jhk) 2193

APARESH KUMAR SINGH, B.B.MANGALMURTI
Sarika Singh – Appellant
Versus
Shashi Bhushan – Respondent


Advocates Appeared:
M/s. Birendra Kumar and Vishwanath Roy, Advocates, for the Appellant; Mr. Anil Kr. Sinha, Advocate, for the Respondent

ORDER

Aparesh Kumar Singh, J. - The Matrimonial Title Suit No. 213/2010 instituted by the Respondent/husband herein for a decree of divorce under section 13 of the Hindu Marriage Act, 1955 was adjudicated upon by the Learned Principal Judge, Family Court, Ranchi by the impugned judgment dated 05.04.2014. Learned Court however considered it proper to pass a decree of judicial separation instead of a decree of divorce to meet the ends of justice. The husband was not aggrieved by the decree of judicial separation and no appeal has been preferred by him. Wife is the appellant who felt aggrieved by the decree of judicial separation.

2. The appeal was earlier admitted for hearing on 21.04.2015. The appellant/wife however had certain change of mind during subsistence of the appeal. She filed an Interlocutory Application No. 7664/2017 to bring on record certain relevant facts which have developed during the pendency of the appeal. According to her, though marriage was solemnized on 27.02.2009 at Bodh Gaya between the parties, but since 24.07.2009 itself, they have been living separately for more than eight years. Marriage has broken down irretrievably and there is no cohabitation and the a

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