Priyanka Priyadarshini v. Prabhat Kumar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.693 of 2013 In Matrimonial Reference No. 51 of 2012 ====================================================== Priyanka Priyadarshini W/O Shri Prabhat Kumar and Daughter of Shri Devendra Kumar R/O Mohalla - Sakhichand Ghat Road, Naya Bazar, Police Station - Tatarpur, District - Bhagalpur .... .... Petitioner

Versus

Prabhat Kumar S/O Shri Chandra Kishore Prasad R/O Mohalla - Awas Board Colony, Rajendra Nagar, Post Office - Koshi College Khagaria, Police Station - Khagaria, District - Khagaria .... .... Opp.Party.

====================================================== Appearance :

For the Petitioner/s : Mr. Syed Masleh-Uddin Ashraf For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 20-01-2017 Sri J.S. Arora, learned counsel appearing on behalf of Opp.Party/husband of the petitioner, in presence of Mr. S.M.Ashraf, learned counsel for the petitioner, at the very outset, submits that since both parties have filed divorce case at two different places, it is evident that both parties are adamant for dissolution of marriage.

In that view of the matter, it would appropriate to dispose of the present petition with observation that both parties may approach the Family Court, Bhagalpur for mutual consent dissolution of their marriage. If such petition is filed jointly, the Court expects that the learned Principal Judge, Family Court, Bhagalpur may take appropriate decision in accordance with law

Patna High Court MJC No.693 of 2013 (4) dt.20-01-2017 2/2 without any delay.

It goes without saying that till filing of the joint petition before the Principal Judge, Family Court, Bhagalpur, the proceeding in Matrimonial Case no.51 of 2012 pending in the court of learned Principal Judge, Family Court, Khagaria shall remain stayed.

Mr. Ashraf, learned counsel for the petitioner, on instruction, undertakes that the petitioner will not take any step in Divorce Case, which has been filed by her in the court of Principal Judge, Family Court, Bhagalpur till dissolution of their marriage by joint petition.

The petition stands disposed of.

(Rakesh Kumar, J) NKS/- U