Sanjay Kumar Jha vs Shalini Jha

The appellant (husband) has filed a petition u/s 12 of the Hindu Marriage Act, 1955 for declaration of nullity and annulment of the marriage with the respondent Shalini Jha (wife), which was registered as Matrimonial (Title) Suit No. 13 of 2000. By the impugned judgment and order dated 5th August, 2005 the learned Principal Judge, Family Court, Ranchi, dismissed the suit. The present appeal u/s 19 of the Family Courts Act, 1984 has been preferred by the appellant (husband) against the aforesaid judgment and order of dismissal dated 5th August, 2005.

When the case was taken up, learned Counsel appearing on behalf of the respondent Shalini Jha (wife) brought to the notice of the Court the judgment and order dated 14th February, 2006 passed by the learned Principal Judge, Family Court, Ranchi, in Matrimonial (Title) Suit No. 21 of 2006. After dismissal of the suit for declaration of nullity and annulment of marriage, respondent Shalini Jha (wife) filed an application u/s 13-B of the Hindu Marriage Act for dissolution of their marriage with their mutual consent by decree of divorce, which was registered as Matrimonial (Title) Suit No. 21 of 2004. By judgment dated 14th February, 2006, in terms with the agreement, reached between the appellant and the respondent, the marriage was dissolved by a decree of divorce. Before the Court, while the appellant (husband) gave undertaking that he will withdraw the present appeal from the High Court, respondent Shalini Jha (wife) also undertook to withdraw the Execution Case. It is informed that the respondent Shalini Jha has already taken steps for withdrawal of the Execution Case.

In the facts and circumstances, learned Counsel for the appellant sought for and is permitted to withdraw the present appeal. It is, accordingly, dismissed, as withdrawn.

Let the photostat copy of the certified copy of the judgment dated 14th February, 2006, passed by the learned Principal Judge in Matrimonial (Title) Suit No. 21 of 2006, be kept on the record.