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- WITHDRAWN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The appeal is dismissed as withdrawn/not pressed due to procedural non‑compliance.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finding the appeal procedurally defective and accepting the withdrawal request, dismissed the miscellaneous appeal as withdrawn/not pressed.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
- Hindu Marriage Act — s. 24
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
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