IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.922 of 2008 GEETA KUMARI, WIFE OF RAKESH KUMAR, DAUGHTER OF RAM KRISHNA PRASAD SINGH, RESIDENT OF VILLAGE- PAHSARA, P.S.- NAO KOTHI, DISTRICT- BEGUSARAI. ---(RESPONDENT NO. 1)-PETITIONER Versus RAKESH KUMAR, SON OF LATE RAM NANDAN KUMAR, RESIDENT OF A/9 KANISHKA APARTMENT, BAZAR SAMITI ROAD, P.S.- SULTANGANJ, DISTRICT- PATNA. --- (PETITIONER) RESPONDENT ----------- 11 2.7.2009 This application was filed for transfer of Matrimonial (Divorce) Case No. 441 of 2006 pending in the Court of the Principal Judge, Family Court, Patna to the Family Court at Begusarai. On earlier occasion this Court had summoned the parties to be present in Chambers so that they could resolve the matter between them. The parties appeared on several dates and despite the best efforts of the counsel and the Court they could not over come the differences between them and as such finally they decided to part ways. A joint application numbered as I.A. No. 3811 of 2009 has been filed by the petitioner Geeta Kumari and Rakesh Kumar(Opposite Party). They have agreed to desolve their marriage on certain terms and conditions which are mentioned in I.A. No. 3811 of 2009. Learned counsel for the petitioner on the basis of the judgment reported in 2 2009(2)Supreme 520 in the case of Aviral Bhatla Vs. Bhawna Bhatla submits that this I.A. should be treated as an application under Section 13(B) of the Hindu Marriage Act and the Court below is directed to grant decree of divorce incorporating the conditions mentioned in the I.A. application as part of the decree. I see no difficulty in adopting this procedure. Counsel for the parties shall apply for a certified copy of the I.A. application from this Court which should be supplied by the office forthwith and shall file the same before the Principal Judge, Family Court, Patna in Matrimonial (Divorce) Case No. 441 of 2006 and the Family Court, Patna on the basis of the petition filed should grant a decree of divorce within a period of one month on receipt of the copy of the I.A. No. 3811 of 2009. All criminal cases pending between the parties will be withdrawn by the respective parties in lieu of this compromise. This transfer application is disposed of with the aforesaid directions. Sanjay ( Sheema Ali Khan,J.)