Chandra NaraIn Rai, and anr. Vs. State of Bihar, and ors. - Court Judgment

Excerpt:
[d. k. jain ; h. l. dattu, jj.] - hindu marriage act, 1955 - section 13b - divorce by mutual consent -- subsequently, in 2001, the parties filed a petition under section 13b of the act before the district court, gurgaon, for dissolution of the marriage by grant of a decree of divorce by mutual consent. (b) whether the court can grant a decree of divorce by mutual consent when the consent has been withdrawn by one of the parties, and if so, under what circumstances. 13b. divorce by mutual consent. 6) admittedly, the parties had filed a petition for divorce by mutual consent expressing their desire to dissolve their marriage due to temperamental incompatibility on 17.08.2001. on the question of whether one of the parties may withdraw the consent at any time before the actual decree of.....1. heard the parties. 2. the prayer for substitution made through i.a. no.9808/2010 is allowed. let the heirs of deceased appellant no.1, chandra narain rai as described in the i.a. be substituted in his place. 3. on merits the counsel for the appellants has made a frontal attack on the observation made in paragraph-2 of the order under appeal by which it was held by the learned single judge that revisional powers can be delegated to a functionary not below the rank of joint director. by referring to the provisions of section 34(2) and to a division bench judgment of this court in the case of krishna singh v. deputy director of consolidation, 2008(4) pljr 63, it was submitted that the law provides for the delegation of powers of director of consolidation with sanction of the state.....

Judgment:
1. Heard the parties.

2. The prayer for substitution made through I.A. No.9808/2010 is allowed. Let the heirs of deceased appellant no.1, Chandra Narain Rai as described in the I.A. be substituted in his place.

3. On merits the counsel for the appellants has made a frontal attack on the observation made in paragraph-2 of the order under appeal by which it was held by the learned single Judge that revisional powers can be delegated to a functionary not below the rank of Joint Director. By referring to the provisions of Section 34(2) and to a Division Bench judgment of this Court in the case of Krishna Singh v. Deputy Director of Consolidation, 2008(4) PLJR 63, it was submitted that the law provides for the delegation of powers of Director of Consolidation with sanction of the State Government to any officer not below the rank of Deputy Collector and in that view of the matter the Division Bench has held that there was delegation on 4th September 1997 made with the sanction of the State in favour of Deputy Director of Consolidation to exercise the power of revision.

4. No other provision of law or judgment taking a contrary view was brought to our notice by counsels appearing for the respondents. Hence following the aforesaid Division Bench judgment, it is held that the revisional order dated 10.03.2000 contained in Annexure-2 to the writ petition passed by learned Deputy Director of Consolidation, Bihar, Patna cannot be faulted on account of jurisdiction.

5. Since the learned single Judge set aside the revisional order and remanded the matter to the Director of Consolidation only on the ground of lack of jurisdiction in the Deputy Director to act as revisional authority, the order under appeal is set aside and the matter is remitted back to the writ Court to hear the parties afresh and pass any appropriate judgment or order. The appeal is allowed to the aforesaid extent. No cost.

6. Since the matter relates to a writ petition filed in the year 2000, let the writ petition be now listed before appropriate Bench after three weeks amongst first ten cases.