IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.215 of 2011 Indu Devi @ Chhoti, wife of Rupesh Kumar Roy, resident of village + PO Nathudawar, PS Khanpur District Samastipur at present daughter of Sri Ram Lochan Chaudhary, resident of village Kalyanpur, Basti, PS Mohaddinagar, District Samastipur. .......Appellant Versus 1. Rupesh Kumar Roy resident of village Nathu PS Mohiuddinagar, District Samastipur 2. Sumit Kumar, son of Nathuni Jha, resident of village Bidupur, PS Bidupur, District Vaishali .......Respondents ---------------------------------- 7 02-12-2011 Heard learned counsel for the appellant in respect of limitation petition (I.A. no. 3601 of 2011) as well as in the appeal. Nobody appears on behalf of respondents. For the reasons mentioned in the limitation petition, the delay of 97 days in preferring this appeal is condoned. I.A. stands allowed. A perusal of the order under appeal shows that it is a very short order passed on 3-11-2010 whereby Matrimonial case no. 35/09 preferred by the respondent husband u/s 9 of the Hindu Marriage Act for restitution of conjugal rights was permitted to be withdrawn on the prayer made by the husband. It appears that such a prayer was made on account of information available with the husband that the wife 2 has married again. Clearly, there is no finding given by the court below at the time of permitting withdrawal of the Matrimonial case. Hence, the impugned order simply relieves the appellant of the burden of contesting the matrimonial suit u/s 9 of the Hindu Marriage Act. When the impugned order does not prejudice the appellant in any manner, it is not conceivable as to why this appeal was preferred. It is once again made clear that the impugned order shall not be treated as an order recording any finding against the appellant and shall not prejudice her case in any other proceeding. With this clarification, the appeal is disposed of. Let the lower court records be returned forthwith to the court of Principal Judge, Family Court, Samastipur. BKS/- (Shiva Kirti Singh, J.) (Shivaji Pandey, J.)