Created by Fuzzy Cloud

Patna High Court

Sudhindra Pratap SinghversusNivedita

Decided
Disposal
WITHDRAWN

Holding

The appeal is dismissed as withdrawn/not pressed due to procedural non‑compliance.

Summary

The husband appealed a Family Court order that rejected his maintenance petition under Section 24 of the Hindu Marriage Act. The High Court noted that the appellant had not filed the second copy of the brief with the memo of appeal, raising a procedural objection to the appeal's maintainability. The appellant’s counsel requested permission to withdraw the appeal and seek an appropriate remedy elsewhere. The Court, finding the appeal procedurally defective and accepting the withdrawal request, dismissed the miscellaneous appeal as withdrawn/not pressed. The certified copy of the impugned order and the vakalatnama were ordered to be returned to the appellant’s counsel.

Issues considered

  • Whether the miscellaneous appeal is maintainable despite the non‑filing of the second copy of the brief with the memo of appeal

Legislation cited

Subjects

  • divorce
  • maintenance
  • Hindu Marriage Act
  • miscellaneous appeal
  • procedural defect

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Miscellaneous Appeal No.1119 of 2025
                 ======================================================
                 Sudhindra Pratap Singh, Son of Sri Parshuram Singh, Resident of Village
                 Korari- Khurd, P.O. and P.S.- Daroundha, District- Siwan- 841233.

                                                                          ... ... Appellant/s
                                                  Versus
                 Nivedita, Wife of Sudhindra Pratap Singh, Daughter of Sri Sambhu Singh,
                 Resident of Mohalla Chitragupta Nagar, Dak Bangla Road, P.S.- Siwan Town,
                 District- Siwan.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr. Mithilesh Kumar Rai, Advocate
                 For the Respondent/s   :      Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH
                         and
                         HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH )

3   22-04-2026                 Heard the learned counsel for appellant.

                               2. The instant miscellaneous appeal has been

                   preferred by the appellant (husband) against the order dated

                   04.11.2025 passed by the learned Principal Judge, Family Court,

                   Siwan, in Divorce Case No.146 of 2023, whereby the

                   maintenance petition filed by the petitioner/appellant under

                   Section 24 of the Hindu Marriage Act was rejected.

                               3. The foresaid case has been listed under the heading

                   “For Order (On Office Notes)”.

                               4. On the matter being taken up, the Office has

                   pointed out that the second copy of the brief has not been filed

                   with the memo of appeal. Another objection regarding the
           Patna High Court MA No.1119 of 2025(3) dt.22-04-2026
                                                       2/2




                     maintainability of this miscellaneous appeal has also been

                     observed by the Office.

                                  5. On putting a query regarding the aforesaid

                     observations made by the Office, learned counsel for the

                     appellant submits that the appellant may be allowed to withdraw

                     this miscellaneous appeal with liberty to avail the appropriate

                     remedy available to him.

                                  6. In view of the above, the instant miscellaneous

                     appeal is dismissed as withdrawn/not pressed with liberty as

                     prayed for.

                                  7. The Office is directed to return the certified copy of

                     the impugned order dated 04.11.2025 and vakalatnama of the

                     appellant to the learned counsel for the appellant within three

                     days after retaining the xerox copy of the same on record.



                                           (Sanjay Kumar Singh , J)


                                              (Sourendra Pandey, J)
manoj/aditya-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.