AI Structured Summary
Not yet generated for this judgment
Judgment
Gautam Kumar Choudhary, J
Petitioner is the wife of opposite party and the instant civil miscellaneous petition has been filed for setting aside the order dated 06.06.2025 passed in Original Suit No.323 of 2022 filed under Section 13(1)(i-a)(i-b) of the Hindu Marriage Act, 1955 preferred by her husband for dissolution of marriage. A further prayer is made to recast the issue for considering the pleading as raised in the written statement filed by the present petitioner.
It is submitted by the learned counsel on behalf of petitioner that the Family Court had dismissed the petition under Section 28 of the Hindu Marriage Act, 1955 vide impugned order on the ground that the direction to file Bank statement for the relevant period, had not been complied with. It is submitted in this regard that the details could not be filed for medical reasons and therefore, an adjournment was sought for filing the necessary details. The necessary details have now been furnished vide petition for realization of arrear amount allowed as maintenance on 19.06.2025. It is submitted that since requisite details has now been filed, therefore, necessary direction be given for disposal of the said petition which is pending before the learned Principal Judge, Family Court, Bokaro.
Having considered the submissions advanced on behalf of the petitioner, learned Family Judge is directed to pass order on the petition filed by this petitioner on 19.06.2025 after hearing both sides, within two weeks from the date of receipt of this order.
So far point to recast the issue is concerned, the petitioner is permitted to file proposed additional issues to be framed which will be considered by the learned trial Court taking into account the pleadings of the parties.
Civil Miscellaneous Petition accordingly is disposed of. Pending Interlocutory Application, if any, is disposed of.