IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.681 of 2009 TIRATH LALA SON OF LATE NARAIN DAS LALA, RESIDENT OF NAWAL KISHORE ROAD, KADAMKUAN, P.S. KADAMKUAN, DISTRICT- PATNA, PRESENTLY POSTED AT PUNJAB AND SIND BANK, LAKHIMPUR KHIRI, U.P….. ………………. APPELLANT Versus SONIA LALA W/O TIRATH LALA, PRESENTLY RESIDING AT BUILDING NO.4, FLAT NO. 113, SHEELA VIHAR, GULMOHAR ROAD, SAVEEDI, AHMEDNAGAR, MAHARASTRA…RESPT. ----------- 5 18-2-2010 Heard learned counsel for the appellant and learned counsel for the sole respondent. By the order under appeal dated 1-9-2009 the learned Principal Judge, Family Court, Patna has disposed of Matrimonial Case No.. 377 of 2007 ( Smt. Sonia Lala Vrs. Tirath Lala) because the parties failed to jointly press the application for divorce under section 13 (B) of the Hindu Marriage Act. The gist of the order shows that in spite of efforts made for a long period, even after expiry of 18 months from the filing of the application, there could not be any agreement between the parties for seeking divorce on mutual consent though an application had been filed. From the submissions advanced on behalf of the appellant- husband it appears that he is aggrieved mainly because to secure divorce by mutual consent, some agreement had been reached between the parties leading to properties’ transfer/adjustment. Under that agreement remedy is also available to the aggrieved parties. We are not concerned with grievance of the appellant in respect of those properties because in that matter the appellant will be required to pursue his remedy before appropriate court in accordance with law, if so advised. 2 In the present appeal the only issue is whether in appeal we should allow decree of divorce on the basis of petition for mutual consent. From the submission advanced on behalf of respondent-wife it is clear that for some reasons, professedly on account of having a daughter aged about 10 years, she has decided not to agree for divorce. It is not possible to coerce respondent to agree for mutual divorce. Petition for mutual divorce with consent can be withdrawn at any time before passing of a decree for divorce. We find no merit in this appeal and the same is accordingly dismissed without prejudice to the right of the appellant for which observation has already been made by the Family Court itself in the order under appeal. There shall be no order as to costs. ( Shiva Kirti Singh,J) ( Birendra Prasad Verma,J) Naresh