IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.781 of 2009 1. AJAY KUMAR SINGH S/O RAM KRIPAL SINGH R/O VILL NARAHAN, P.S. RAJEPUR,DISTT-EAST CHAMPARAN AT PRESENT MOHALLA AMGOLA PARAW POKHAR LANE NO.2, P.S. KAZI MOHAMMANDPUR, DISTT-MUZAFFARPUR Versus 1. GUNJAN KUMARI @ GUNJAN SINGH W/O AJOY KUMAR SINGH, D/O BALRAM SINGH MOH J.P.CHOWK, P.S.UNIVERSITY DARBHANGA, DISTT-DARBHANGA ----------- 6/ 29/06/2010 Heard learned counsel for the appellant. No one appears on behalf of the respondent despite valid service of notice. For reasons mentioned in I.A. No.3607/10 filed under Section-5 of the Limitation Act we condone the delay in preferring the appeal. The appellant filed a matrimonial case for divorce before the Principal Judge, Family Court at Muzaffarpur. The respondent filed a case for divorce before the Principal Judge, Darbhanga. They apparently took a decision to proceed for divorce by mutual consent in view of two suits. Reconciliation was attempted in the matrimonial suit filed by the respondent at Darbhanga which failed whereafter she has withdrawn her suit on 15.11.2009. The matrimonial suit for divorce filed by the appellant remains pending. We do not see any reason to interfere with the impugned order dated 5.11.2009 if the respondent has chosen to withdraw the suit for divorce by her. What attitude she proposes to adopt with regard to her - 2 - matrimonial life is for her to decide and not for us to dictate. This appeal is disposed off with the observation that the divorce suit filed by the appellant shall proceed on its own in accordance with law. KC ( Navin Sinha, J.) ( Dinesh Kumar Singh, J.)