IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.765 of 2009 MD. ARSHAD . Versus ZINAT RAHMAN @ SHAHEEN & ANR. . ----------- 13. 3.5.2010 We have heard counsel for the parties. The judgment under appeal dismissed the claim of the appellant for restitution of conjugal right in absence of payment of the Dower amount. A fresh development has taken place before this Court where the parties have mutually agreed to part ways amicably by obtaining a divorce by mutual consent. Counsel for the parties are agreed that they shall be filing a joint application for divorce by mutual consent before the Court below. To enable that to be done, the matter is remanded to the Court of the Principal Judge, Family Court, Bhagalpur, when in view of the subsequent development the earlier order dated 15.9.2005 looses its relevance and it is accordingly set aside for purposes of passing fresh order in accordance with law and the development as aforesaid. The appeal stands disposed. P. Kumar (Navin Sinha, J.) (Dinesh Kumar Singh, J.)