Patna High CourtCWJC/12873/2013allowed

Rita Singh v. The State Of Bihar Through Secretary Of Law Department And ANR

2017-08-09Mr. Justice Mungeshwar Sahoo2 pages

Patna High Court CWJC No.12873 of 2013 (6) dt.09-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12873 of 2013 ====================================================== Rita Singh .... .... Petitioner/s

Versus

The State of Bihar Through Secretary of Law Department & Anr .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 09-08-2017 The learned counsel, Mr. Shailendra Kumar Jha appearing on behalf of the husband-respondent No.2 categorically in open court submitted that he is ready to keep the petitioner Rita Singh as his wife with full dignity and, therefore, the order passed by the court below is unwarranted. The learned counsel further submitted that he is withdrawing the amendment application whereby the application for amendment seeking decree for divorce was sought by the husband-respondent.

In view of the concession given by the learned counsel for the petitioner that he is withdrawing the amendment application itself and since the petitioner is also ready to stay with the husband-respondent No.2, the impugned order is set aside and both the parties are directed to approach the court below and file a compromise application stating that both are now residing together so that the matrimonial proceeding under Section 9 of the Hindu

Patna High Court CWJC No.12873 of 2013 (6) dt.09-08-2017 Marriage Act, 1955 shall be disposed of within a reasonable period.

In view of the submission of the learned counsel for the parties, this writ application is allowed and impugned order is set aside. Both the parties are directed to approach the court below and the court below shall pass appropriate order as submitted by the parties since both the parties are agreed to reside together. (Mungeshwar Sahoo, J) Saurabh/- U