Patna High Court

Md. IrshadversusThe State of Bihar

Decided: 4 May 2026
Disposal: D.F.D. FOR NON APPEARANCE
Bench: ANIL KUMAR SINHA

Holding

The application is dismissed for default due to the petitioner’s failure to appear.

Summary

The petitioner, Md Irshad, filed an application alleging that after a mediation proceeding he had agreed to let his wife and three minor daughters stay with him in Kolkata, but subsequently refused to allow them to reside in his house and evicted them. The wife, Shabnam Khatoon, appeared before the court through counsel and reiterated these allegations. The petitioner failed to appear before the court despite the proceedings. The court noted the petitioner’s non‑appearance and, on the basis of default, dismissed the application. No substantive merits of the dispute were examined as the case was dismissed for procedural default.

Issues considered

What is the appropriate consequence when a petitioner fails to appear before the court in a domestic dispute application?

Subjects

domestic violence
mediation
default judgment
non-appearance
family dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.55398 of 2025
                  Arising Out of PS. Case No.-1894 Year-2019 Thana- EAST CHAMPARAN COMPLAINT
                                                 District- East Champaran
                 ======================================================
                 Md. Irshad S/O Shahadat Hussain Resident of Village- Madhopur Bujurg, P.S-
                 Dewariya, Distt.- Muzaffarpur.


                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    Shabnam Khatoon W/O Irshad, D/O Md. Muslim R/O Village at present-
                 Bakhri Mahesh, P.S- Kalyanpur, Distt.- East Champaan.


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s     :     None

                 For the Opposite Party/s :     Mr.Shailendra Kumar

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

6   04-05-2026                   1. No one appears for the petitioner.

                                 2. Learned counsel for the opposite party no. 2

                   appears and submits that in the mediation proceeding the

                   petitioner agreed to keep his wife along with him at Kolkata but

                   when the complainant went to Kolkata along with her three

                   minor daughters, the petitioner did not allow her to stay in his

                   house and ousted the complainant along with her minor

                   daughters. The girl is staying in the rented house of her mother.

                   Learned counsel further submits that petitioner is playing tricks

                   and knowingly not appearing before this court at the time of
           Patna High Court CR. MISC. No.55398 of 2025(6) dt.04-05-2026
                                                       2/2




                     call.

                                  3. Considering the aforesaid, this application is

                     dismissed for default.



                                              (Anil Kumar Sinha, J)
praful/-

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