IN THE HIGH COURT OF JUDICATURE AT PATNA M.A. No.746 of 2010 GURIYA DEVI, W/O SUNIL KUMAR, D/O GAURI SHANKAR PRASAD OF VILLAGE LAXMIPUR, P.S. LAKHAURA, DISTRICT EAST CHAMPARAN .. DEFENDANT/APPELLANT Versus SUNIL KUMAR PRASAD, S/O DEOLAL PRASAD OF VILLAGE SINGHIA HIBAN, P.S. BANJARIA, DISTRICT EAST CHAMPARAN .. PLAINTIFF/RESPONDENT **** /4/ 7 April 2011 Heard learned counsel for the appellant and learned counsel for the sole respondent in respect of limitation petition as well as the appeal. For the reasons mentioned in I.A. No. 8109 of 2010 the delay of three days in preferring this appeal is condoned. Interlocutory application is allowed. On merits, it is found that after the prayer of the respondent-husband for restitution of conjugal rights was allowed by the learned Principal Judge, Family Court, East Champaran at Motihari, by the order under appeal, dated 19.06.2010, passed in M.M. Case No. 132 of 2007, the appellant chose to file a divorce case bearing no. 163 of 2010 before the learned Principal Judge, Family Court, East Champaran at Motihari. 2 Learned counsel for the appellant fairly submitted that since the appellant feels that she can not live with the respondent for various reasons which were taken by her as defence in the Court below, she has no option, but, to file a divorce case and all the relevant issues will have to be decided in the divorce proceeding. Learned counsel for the respondent has submitted that there was no real need for the appellant to prefer this appeal when she has filed divorce case under Section 13 of the Hindu Marriage Act. Considering the submissions of the parties and the relevant facts, this appeal is disposed off with liberty to the parties to raise their respective contention in the divorce proceeding, which shall be decided on it’s own merit without being influenced by the order under appeal. Cp:2/S.A. (Shiva Kirti Singh, J.) ( Gopal Prasad, J.)