IN THE HIGH COURT OF JUDICATURE AT PATNA M.A. No.132 of 2010 SARITA DEVI, WIFE OF SRI SANJAY KUMAR AND DAUGHTER OF SRI MAHENDRA RAI, R/O MOHALLA-MAINPURA, P.O. DANAPUR CANTT, P.S. DANAPUR, DISTRIAR PATNA .. PETITIONER/APPELLANT Versus SANJAY KUMAR, S/O SRI DWARIKA RAI, R/O VILLAGE SAHPUR, P.S. SAHPUR, DISTRICT PATNA .. OPPOSITE PARTY/DEFENDANT **** /9/ 7 April 2011 Heard learned counsel for the appellant. In spite of notice no body has appeared on behalf of the respondent-husband. Learned counsel for the appellant submits that the learned Principal Judge, Family Court, Patna, wrongly dismissed prayer of this appellant for grant of divorce by impugned judgment and order, dated 04.12.2009, passed in M.M. Case No. 373 of 2006. After some arguments on merits, learned counsel for the appellant submitted that parties have entered into compromise outside the Court and, accordingly, case under Section 498A and other sections of the Indian Penal Code bearing Complaint Case No. 858C of 2004 has been compromised by filing compromise petition in the 2 Court of Subdivisional Judicial Magistrate, Danapur. Photo copies of applications filed in that Court have been produced. Since, the other side has chosen not to appear, there is some difficulty in passing a decree for divorce on the ground of consent and compromise. However, considering the aforesaid submissions and larger interest of justice, the judgment and order under appeal is set aside and the matter is remitted back to the Court below for reconsidering the case of the appellant for divorce on the ground of compromise between the parties. The appeal is allowed to the aforesaid extent. No costs. Cp:2/S.A. (Shiva Kirti Singh, J.) ( Gopal Prasad, J.)