Patna High Court

Mukesh KumarversusPramila Devi

Decided: 13 January 2026
Disposal: DISMISSED
Bench: NANI TAGIA SUNIL DUTTA MISHRA

Holding

The appeal is dismissed, with liberty granted to the appellant to file a fresh petition as directed.

Summary

Mukesh Kumar appealed against the order dated 20‑04‑2012 of the Principal Judge, Family Court, Katihar in a divorce proceeding (Case No. 26 of 2004). He had earlier filed MA No. 325 of 2012, where the High Court issued a peremptory order on 12‑09‑2012 directing him to file notice requisites within three weeks, which he failed to do, leading to dismissal of that appeal. He then filed MJ.C. No. 453 of 2017 seeking recall of the 12‑09‑2012 order; the Court dismissed it for lack of the order’s copy, but allowed him to file a fresh petition upon payment of costs. The present appeal (MA No. 193 of 2019) again challenges the original 20‑04‑2012 order. The Court dismissed the appeal, reiterating that the appellant may pursue the remedy by filing a fresh petition as directed in the 07‑08‑2024 order.

Issues considered

What is the effect of a peremptory order requiring compliance within a stipulated period when the appellant fails to comply?
Can an appeal be entertained after it has been dismissed for non‑compliance and after the Court has directed the filing of a fresh petition?

Subjects

appeal
family court
divorce
procedural default
peremptory order
fresh petition
dismissal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      Miscellaneous Appeal No.193 of 2019
                 ======================================================
                 Mukesh Kumar S/o Kameshwar Mandal @ Kameshwar Prasad Mandal Vill.-
                 Chikni, P.s.- Barari, Distt.- Katihar

                                                                   ... ... Appellant/s
                                                       Versus
                 Pramila Devi W/o Mukesh Kumar D/o Satya Narayan Singh, Resident of
                 Vill.- Kebala, P.s.- Manihari, Distt.- Katihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Arvind Kr. Srivastava, Advocate
                 For the Respondent/s   :     Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
                         and
                         HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE NANI TAGIA)

2   13-01-2026                     Heard learned counsel for the appellant.

                               2. The order dated 20.04.2012, passed by learned

                   Principal judge, Family Court, Katihar in Matrimonial (Divorce)

                   Case No. 26 of 2004, which is under challenge in the present

                   appeal, was earlier put to challenge by the appellant in M.A. No.

                   325 of 2012, wherein, this Court vide order dated 12.09.2012,

                   issued notice to the respondent, for which requisites under

                   ordinary process as well as registered cover was directed to be

                   filed within a period of three weeks, failing which, it was further

                   directed that the appeal shall stand rejected without further

                   reference to a Bench.

                               3. It appears that the appellant failed to file requisites
Patna High Court MA No.193 of 2019(2) dt.13-01-2026
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          for issuance of notice to the respondent within the time

          stipulated vide peremptory order dated 12.09.2012 passed in

          M.A. No. 325 of 2012. As a result, M.A. No. 325 of 2012 stood

          dismissed for non-compliance of peremptory order dated

          12.09.2012.

                       4. In the above circumstances, the appellant had filed

          M.J.C. No. 453 of 2017 for recalling of the order dated

          12.09.2012, passed in M.A. No. 325 of 2012 and for restoration

          of the aforesaid appeal.

                       5. In M.J.C. No. 453 of 2017, by which the appellant

          had prayed for recalling of the order dated 12.09.2012, passed in

          M.A. No. 325 of 2012, this Court vide order dated 07.08.2024,

          on finding that the copy of the order dated 12.09.2012 itself was

          not enclosed, had dismissed the M.J.C. No. 453 of 2017,

          providing liberty to the appellant to file a fresh petition subject

          to payment of a cost of ₹1,000/-, which was directed to be

          remitted in the account of Patna High Court Legal Services

          Committee.

                       6. Since, the appellant has preferred the present appeal

          challenging the same order dated 20.04.2012, passed by learned

          Principal judge, Family Court, Katihar in Matrimonial (Divorce)

          Case No. 26 of 2004, which the appellant had already
             Patna High Court MA No.193 of 2019(2) dt.13-01-2026
                                                         3/3




                       challenged in M.A. No. 325 of 2012, we dismiss this appeal

                       with liberty granted to the appellant to pursue the remedy as

                       directed by this Court vide order dated 07.08.2024, passed in

                       M.J.C. No. 453 of 2017.

                                    7. The appeal stands disposed off with above

                       direction.



                                                                   (Nani Tagia, J)


                                                               (Sunil Dutta Mishra, J)
Amrendra/-

U

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