Tabbasum Busara v. Manjar Imam

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6937 of 2015 ====================================================== Tabbasum Busara .... .... Petitioner/s

Versus

Manjar Imam .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ganjendra Kumar Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 31-03-2016 Heard the learned counsel for the petitioner. Although this application has been filed under Article 226 of the Constitution of India, the learned counsel submitted that the application may be heard treating the application as an application under Article 227 of the Constitution of India. Accordingly, I heard him treating this application as an application under Article 227 of the Constitution of India.

This application has been filed for quashing the entire proceeding of restitution of conjugal right being Case No.11 of 2015 pending in the Court of Principal Judge, Family Court, Gopalganj. However, at the time of hearing of this writ application, the learned counsel submitted that he may be permitted to challenge the order dated 30.03.2015. Accordingly, I heard him.

Patna High Court CWJC No.6937 of 2015 (2) dt.31-03-2016 2/2 Perused the order dated 30.03.2015. It appears that the petitioner has already appeared and filed written statement. By order dated 30.03.2015, the Court below only fixed the next date for 15.05.2015 for the purpose of compromise / conciliation. In view of the above fact, the Court below has passed only routine order, I find no reason to interfere with the impugned order as it neither occasion failure of justice nor it can be said that it is without jurisdiction.

Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) Sanjeev/- U T