IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.648 of 2009 Vijay Kumar s/o Sheo Kumar Prasad, r/o mohalla – Anandpuri, P.O. Khagaul, P.S. – Khagaul, District – Patna ………… Appellant Versus Smt. Smriti Gupta @ Rubi Gupta w/o Vijay Kumar d/o Bharat Prasad Gupta, r/o Mohalla – Dalluchak, P.O.+ P.S. – Khagaul, District – Patna …………………… Respondent. ----------- For the appellant: Mr.Rakesh Kumar Samradva, Advocate Mr. Siddharth Harsh, Advocate For the respondent : None 7 14/1/2010 The appellant-husband had filed an application under section 13 of the Hindu Marriage Act, 1955 for seeking divorce. The application for divorce faced dismissal. Against the said order F.A. No.75 of 2007 was filed which was converted to MA. No.648 of 2009. During the pendency of this appeal, an application has been filed under section 13-B of the Hindu Marriage Act, 1955. The learned Family Judge, Patna rejected the same on the ground that the First Appeal has been preferred. Regard being had to the facts and circumstances of the case, we think it appropriate to set aside the order dated 23.7.2009 2 passed by the learned Family Judge who declined to entertain the application under section 13-B on the ground that First Appeal is pending before this court. The learned Family judge shall advert to the merits of the application and deal with it in accordance with law. With the aforesaid direction, the appeal stands disposed of. Neyaz/ (Dipak Misra, CJ.) (Shiva Kirti Singh, J.)