IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28385 of 2007 1. Md. Jubair @ Jubair Ahmad, Son of Mehdi Hussain. 2. Md. Abdul Rahman @ Abdul Rahman, Son of Md. Sakur. 3. Masuda Khatoon @ Masuda, Wife of Md. Jubair. 4. Pinki Khatoon, Wife of Abdul Rahman. All of them are residents of Moharampur, Post Baghaili, P.S. Jadia, District Supaul. --------- Petitioners Versus 1. The State of Bihar. 2. Gulfasha Bano, Wife of Md. Aasif Dokhtar, D/o Md. Nizamuddin, Resident of Sarsawa, P.S. Chautham, District Khagaria. -------- Opposite Parties ----------- 5 4.9.2009 Heard counsel for the parties. Reference may be made to the earlier order of this Court dated 17.8.2009. Pursuant thereto, both the petitioner no.1 and his son (husband) have appeared in person. The opposite party no.2, wife, however has not appeared on account of some personal problem but both the husband and opposite party no.2 are being represented by their respective learned counsels. All said and done, now it becomes apparent that the wife-opposite party no.2, out of frustration or any other reason, does not want to continue her life with the son of the petitioner no.1 and therefore, has got it conveyed through her counsel that she would be 2 more happy if their relationship of man and wife is given decent burial by way of mutual divorce. The husband, the son of the petitioner no.1, who is personally present, has also no objection though he had shown his inclination to restore the conjugal life with the opposite party no.2. Considering all these aspects of the matter, this becomes clear that the real bone of contention in the matrimonial dispute is the personal differences between the husband i.e. son of the petitioner no.1 and the wife opposite party no.2 and the petitioners of this case have little role to play in such dispute. Consequently, their prosecution for the offence alleged would be a sheer abuse of the process of the Court. In that view of the matter, this Court would give a period of three months time to the opposite party no.2 to move for divorce before the Imarat-e-Shariat for divorce and in the event, the opposite party no.2 will not move for such divorce, liberty is also given to the son of the petitioner no.1 to move for such divorce. Of course, such divorce will be 3 given as per the personal law requiring the husband to pay the amount of Den-Mohar and the amount of the period of Iddat. Once the divorce is granted by Imarat-e- Shariat, which must be given in view of the mutual consent of both the parties, the order of Imarat-e-Shariat granting such divorce will be produced before the court below and thereafter, the entire proceedings with regard to the petitioners and other accused persons before the court below shall stand closed. With the aforementioned observations and direction, this application is disposed for. It goes without saying that till such order of divorce of Imarat-e-Shariat is produced by either of the parties before the court below, no coercive step would be taken against the petitioners. Rsh (Mihir Kumar Jha, J.)