IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16884 of 2010 GANESH PRASAD SAH . Versus MANTI DEVI . ----------- 2. 30.11.2010 Heard learned Counsel for the petitioner. Title Suit (Matrimonial) No. 8 of 2006 was filed by the respondent under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. It appears from the impugned order dated 25.8.2010 that during pendency of the same the parties arrived at a mutual agreement to part ways and for payment of certain compensation a part of which is acknowledged to have been paid by the petitioner. The petitioner who is defendant in the suit then chose to resile from the compromise entered into by him and partly acted upon also. That has been rejected by the impugned order. Learned Counsel submits that whether the compromise had been resiled in accordance with law or not was itself a matter to be decided in the suit and if there had been no resilement to the satisfaction of the Court it should have proceeded to dispose of the application under Section 9 of the Act for restitution of conjugal rights on its own merits. Considering that the present is a matrimonial matter and the litigation must be brought to an early end in the interest of both parties, the Court without interfering with the order dated 25.8.2010 directs the trial court to proceed with the suit for restitution of conjugal rights and decide the same in accordance with law. If during pendency of the suit there has been an application for mutual divorce and before it is decided any party chose to resile from the agreement that is a mater again to be decided in accordance with law in the suit itself to hold whether the suit for restitution of conjugal rights will succeed or does it acquire a nature of a suit for mutual divorce keeping in mind that there can be no compulsion for mutual divorce. The submission on behalf of the petitioner that he was still willing for restitution of conjugal rights is a matter to be appropriately considered by the court below keeping in mind its duty to restore matrimonial harmony if parties be willing and not to impose any condition on the unwilling party in the matter. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)