Protest Petition

IN THE COURT OF ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, PATNA
MATRIMONIAL (DIVORCE) CASE NO: 1009 of 2023
Rajesh Kumar .…………………………Petitioner
Vs.
Neha Kumari …………………………Respondent
The humble rejoinder / reply to the
petition dated ________________
filed on the behalf of the petitioner.
MOST RESPECTFULLY SHOWETH:

1. That the petitioner humbly submits this written objection in opposition to the
recall application dated _______________ filed by the respondent, seeking to
recall/vacate the ex-parte order dated 25.04.2024 passed by this Ld. Court. The
respondent, in a deliberate attempt to subvert the course of justice, has
consistently evaded appearance in the present matrimonial proceedings. The
petition for recall is not bona fide but rather an endeavour to frustrate the divorce
proceedings through dilatory tactics and abuse of the judicial process.
2. That the respondent, despite being duly served with the notice of the
matrimonial proceedings vide Post Office Registered Letter bearing

Consignment No. RF385721021IN Dt. 04.10.2023 duly received by the
respondent Neha Kumari on 06.10.2023, has deliberately chosen to remain
absent, thereby necessitating the passing of an ex-parte order against this
respondent. Further, it is pertinent to highlight that the respondent has appeared
in other parallel legal matters on multiple occasions/times, reflecting a selective
approach towards litigation. The respondent’s ability to appear in other cases,
while deliberately evading from the divorce proceedings, manifests mala fides
and is a clear abuse of the judicial process. Such conduct renders the recall
petition untenable and disingenuous.
Details of respondent’s
multiple appearances at Patna
Civil Court and Patna High
Court in the other litigations
against the petitioner is hereby
marked as Annexure-I
3. That the petitioner submits that the respondent has engaged in blatant forum
shopping by filing a transfer petition before the Hon’ble Patna High Court vide
MJC 2982/2024 Dt.27.08.2024, seeking the transfer of the instant case/suit to
the Hon’ble Court of Principal Family Judge, Khagaria jurisdiction. This transfer
petition was preferred prior to the respondent’s appearance in this Ld. Court,
thereby demonstrating the respondent’s malicious intent to derail the

matrimonial case. The respondent’s conduct reveals that they are attempting to
simultaneously run parallel applications to vex and oppress the petitioner
whereas dishonestly seeking equitable relief through the recall petition.
A web-copy of details of MJC
Case No. 2982/2024
Dt.27.08.2024 filed by the
respondent at Patna High
Court against the petitioner is
hereby marked as Annexure-II
4. That the respondent’s conduct is in gross violation of the principles of equity
and fairness, which ought to guide the discretionary power of this Ld. Court.
That it is a well-settled principle that those seeking equitable relief must
approach the court with clean hands. The respondent, by their conduct, has
clearly demonstrated their intention to misuse legal processes, as evidenced
by the evasion of judicial summons, multiplicity of petitions and selective
appearances in other matters on same or proximate dates, while wilfully
avoiding the divorce proceedings. The respondent's mala fides are further
compounded by their failure to disclose material facts, including the filing of the
transfer petition before the Patna High Court, which reflects their intention to
further complicate and delay the proceedings. Such conduct not only subverts
the judicial process but also undermines the integrity of these proceedings. The
Ld. Court is, therefore, urged to dismiss the recall petition summarily, as it is
devoid of any merit and is filed with ulterior motives.
5. That the petitioner respectfully draws the attention of this Ld. Court to the settled
legal position that an ex-parte order can only be recalled in circumstances
where the applicant can demonstrate sufficient cause for non-appearance. In
the present case, the respondent has deliberately chosen to remain absent &
failed to appear on the given dates and is engaged in vexatious litigation in
other forums, thereby precluding any possibility of demonstrating “sufficient
cause.” The Hon’ble Supreme Court in Sushil Kumar Sabharwal v. Gurpreet
Singh & Ors. (2002) AIR 2002 SC 2370; Bhanu Kumar Jain v. Archana Kumar
(2005) 1 SCC 787 and Rani v. Shivappa (2002) AIR 2002 SC 508 has held that
mere inconvenience or frivolous reasons do not constitute sufficient grounds for
recalling an ex-parte decree.
It is therefore most respectfully prayed that your
honour may be pleased to dismiss the recall
petition filed by the respondent with cost in the
interest of justice and equity.
And for this the petitioner shall ever pray.

Annexure - I
Sr. No. Date Purpose

1. 11.04.2023 For giving Statement U/s 164 CRPC
2. 06.05.2023 For giving threatening and beating the family of the petitioner which lead
to lodgment of FIR No. 718/2023 against the respondent.
3 30.05.2023 For filing Bail Cancellation Application of parents of the petitioner vide
Cr. Misc – 125/2023 on false pretexts.
4. 02.06.2023 Hearing of Cr. Misc- 125/2023
8. 22.07.2023 Hearing of Cr. Misc- 125/2023 and again threatening the entire family of
petitioner. Also mentioned in FIR No.718/2023 against the respondent.
13. 05.09.2023 Dismissal Order of Cr. Misc – 125/2023
14. 05.12.2023 For filing Cr. Misc- 83910/2023 in Patna High Court for transfer of FIR
No 249/2023 to Khagaria.
15. 05.01.2024 For filing vakaltnama in Cr. Misc – 60611/2023 filed by parents of
respondent in Patna High Court.
15. 16.01.2024 For filing bail cancellation application of petitioner in Ld. Trial of Smt.
Ankita Raj JM 1st Class at Patna Civil Court
16. 25.01.2024 For filing a Misc. Petition in Ld. Trial of Smt. Ankita Raj JM 1st Class at
Patna Civil Court
17. 19.04.2024 For disposal of Cr. Misc- 83910/2023 in Patna High Court
18. 14.05.2024 For attending hearing of Cr. Rev. 211/2024 filed by petitioner at ADJ-X
in Patna Civil Court.
9/22/24, 11:02 AM Case Status
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PRESENT STATUS OF CASE : MJC-2982/2024
Case Number : MJC-2982/2024 Date of Filing : 27-Aug-2024
Subject : 33. MJC TRANSFER Registration Date : 29-Aug-2024
District :
Petitioner : Neha Kumari Petitioner Advocate : Ram Vinay Pd. Singh
Respondent : Rajesh Kumar Respondent Advocate :
Purpose : MISCELLANEOUS Present Status : PENDING
Current Position : VIDE ORDER Action Date : 13-Sep-2024
Court : The Joint Registrar Judicial Lawazima
DOCUMENTS RECEIVED
NO DOCUMENTS RECEIVED
LIST OF ADDITIONAL PETITIONERS
NO RECORDS
LIST OF ADDITIONAL RESPONDENTS
NO RECORDS
ADDITIONAL ADVOCATES DETAILS
NO RECORDS
LIST OF OBJECTIONS
Scrutiny Date Objection Details

07-Sep-2024 other District name is wanting in address of sole Opposite Party on 1st page of this petition.
other defect Matrimonial(divorce) case party position of both side paty have not been stated in this petiton.
synopsis Synopsis is wanting.
others Description of sole petitioner stated in body of vakalatnama does not fully tally vide 1st page of this petition.
others e-court fee of Rs. 55/- only filed which is sufficient.
CASE PROCEEDINGS HISTORY
COURT PURPOSE LISTING DATE ACTION NEXT LISTING DATE

The Joint Registrar Judicial Lawazima MISCELLANEOUS 13-Sep-2024
The Joint Registrar Judicial Lawazima MISCELLANEOUS 13-Sep-2024 VIDE ORDER
IA FILING DETAILS
NO RECORDS
AO FILING DETAILS
AO Number AO Filing Date Filed By Name of Advocate Type of Document

218/ 2024 21-Aug-2024 Neha Kumari Ram Vinay Prasad Singh
FAX STATUS
---------------ADDITIONAL FAX DETAIL---------------
CERTIFIED COPY STATUS
NO RECORDS
FEE DETAIL
NO RECORDS
https://patnahighcourt.gov.in/CaseStatus/QlJIQzAxMDg2OTU1MjAyNA==-6jCZxB2tH48= 1/2
9/22/24, 11:02 AM Case Status
CERTIFIED COPY STATUS(ON WINDOW)
NO RECORDS
ORDERS
JUDGEMENTS
Record Not Found

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Copyright © Patna High Court 2013. All rights reserved.
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IN THE COURT OF ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, PATNA

MATRIMONIAL (DIVORCE) CASE NO: 1009 of 2023

Rajesh Kumar .…………………………Petitioner

Neha Kumari …………………………Respondent

The humble rejoinder / reply to the

petition dated ________________

filed on the behalf of the petitioner.

MOST RESPECTFULLY SHOWETH:

recall application dated _______________ filed by the respondent, seeking to

respondent, in a deliberate attempt to subvert the course of justice, has

consistently evaded appearance in the present matrimonial proceedings. The

proceedings through dilatory tactics and abuse of the judicial process.

matrimonial proceedings vide Post Office Registered Letter bearing

respondent Neha Kumari on 06.10.2023, has deliberately chosen to remain

absent, thereby necessitating the passing of an ex-parte order against this

respondent. Further, it is pertinent to highlight that the respondent has appeared

in other parallel legal matters on multiple occasions/times, reflecting a selective

approach towards litigation. The respondent’s ability to appear in other cases,

petition untenable and disingenuous.

multiple appearances at Patna

Civil Court and Patna High

Court in the other litigations

against the petitioner is hereby

MJC 2982/2024 Dt.27.08.2024, seeking the transfer of the instant case/suit to

thereby demonstrating the respondent’s malicious intent to derail the

simultaneously run parallel applications to vex and oppress the petitioner

whereas dishonestly seeking equitable relief through the recall petition.

A web-copy of details of MJC

Case No. 2982/2024

Dt.27.08.2024 filed by the

respondent at Patna High

Court against the petitioner is

hereby marked as Annexure-II

4. That the respondent’s conduct is in gross violation of the principles of equity

That it is a well-settled principle that those seeking equitable relief must

clearly demonstrated their intention to misuse legal processes, as evidenced

by the evasion of judicial summons, multiplicity of petitions and selective

appearances in other matters on same or proximate dates, while wilfully

devoid of any merit and is filed with ulterior motives.

legal position that an ex-parte order can only be recalled in circumstances

where the applicant can demonstrate sufficient cause for non-appearance. In

failed to appear on the given dates and is engaged in vexatious litigation in

other forums, thereby precluding any possibility of demonstrating “sufficient

cause.” The Hon’ble Supreme Court in Sushil Kumar Sabharwal v. Gurpreet

mere inconvenience or frivolous reasons do not constitute sufficient grounds for

recalling an ex-parte decree.

It is therefore most respectfully prayed that your

honour may be pleased to dismiss the recall

petition filed by the respondent with cost in the

interest of justice and equity.

And for this the petitioner shall ever pray.

Sr. No. Date Purpose

PRESENT STATUS OF CASE : MJC-2982/2024

Case Number : MJC-2982/2024 Date of Filing : 27-Aug-2024

Subject : 33. MJC TRANSFER Registration Date : 29-Aug-2024

Petitioner : Neha Kumari Petitioner Advocate : Ram Vinay Pd. Singh

Respondent : Rajesh Kumar Respondent Advocate :

Purpose : MISCELLANEOUS Present Status : PENDING

Current Position : VIDE ORDER Action Date : 13-Sep-2024

Court : The Joint Registrar Judicial Lawazima