IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.674 of 2009 SITA DEVI,W/O Pappu Kumar Sah and D/O Sri Bhikno Sah at present resident of Village- Saidpur Pachchiari Tola, P.S. Manshi, District- Khagaria.......................(Opp. Party).........................................Appellant. Versus PAPPU SAH, S/O Nageshwar Sah, resident of Village- Bishnupur, P.O. Begusarai, P.S. Nagar, District-Begusarai...........(Applicant)..Respondent. ----------- 11. 23.06.2010. We have heard the counsels for the appellant and the respondent. The parties were married on 06.07.1996. In 1997, a female child was born to the appellant. The child is approximately 13-14 years of age presently. The respondent filed a suit for divorce on allegations that the appellant had deserted him since January, 1999. There has been no relationship of husband and wife between them thereafter. The respondent further alleged that the appellant had solemnised another marriage with one Bablu Sah Gupta, son of Sri Mahesh Prasad Sah of village-Paraiya, P.O. Bariyarpur, District- Munger. The appellant appeared and filed her written statement. A copy of the same was placed before us for perusal. Paragraph no. 8 of the same states “that it is further submitted that allegation made in the petition that the opposite party had 2 remarried earlier is totally false and baseless and still the petitioner is waiting for good relation with her husband in all manner”. The judgment under appeal notices the filing of written statement on 20.01.2004. Thereafter, the appellant appears to have lost interest to appear. On 15.12.2005, the case was fixed for ex-parte hearing sans the appellant as she did not appear for cross- examination of the witnesses. Quite obviously on the facts of the case, this was a conscious act on her part. The judgment under appeal held that the denial of remarriage by the appellant was evasive more particularly in absence of cross-examination by her. The suit was decreed ex-parte on grounds of desertion. Learned counsel for the appellant strenuously argued that the appellant in her written statement had denied having remarried, but was unable before us to explain why the appellant did not appear before the court below to confront the respondent and to cross-examine on the allegation being made by him of her remarriage. Apart from the specific 3 assertions of the respondent with details of the person with whom the appellant is stated to have remarried, it cannot be lost site of that even the place of residence of the husband had been disclosed. The written statement at paragraph no. 8 undoubtedly is vague and evasive. It does not even state that no person of that name resided in that village or there was no village by that name in the district concerned. While the respondent talks of her subsequent marriage, clarified as a remarriage, the written statement of the appellant denies that she had married earlier. The written statement in fact does not deny the assertions of the respondent at all. During the course of the proceedings, it has transpired that the respondent has also remarried and has begotten two children from the new marriage. We find it difficult to hold of any infirmity in the judgment under appeal warranting interference. The appeal is, therefore, dismissed. Learned counsel for the appellant worried about the minor daughter born from 4 the marriage between the parties suggested that the respondent may make adequate provisions for her. While we share the concern of the appellant, we feel constrained by the boundaries of our jurisdiction in the present proceedings. It is not possible for us to venture into prohibited jurisdiction by deciding the issue of maintenance etc. with regard to minor child when adequate remedies in the law are available to the minor through her next friend or natural guardian. It is expected that such any application on behalf of minor before a competent court, shall be dealt with on priority keeping in mind that she should not be prejudiced by the fall out between the appellant and respondent. U.K. (Navin Sinha,J) (Dinesh Kumar Singh,J)