IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1596 of 2008 KUMARI HEERA @ HEERA DEVI Versus SHYAMNANDAN SINGH@SHYAMANAND SINGH ----------- 3 16/10/2008 Heard counsel for the petitioner. Counsel for the petitioner would submit that it was out of some confusion that the petitioner, a lady, could not properly defend herself in a matrimonial suit brought against her by her husband. Counsel for the petitioner further assured this Court that the petitioner is prepared to pay the expenses for appearance of those seven witnesses who have been examined behind back of the petitioner. Considering the fact that the petitioner, a helpless lady is pitted against not only by her mighty husband in a serious litigation involving her entire fate and future, she must be allowed to contest the divorce in an effective manner. This Court would therefore, by way of last indulgence, allow this civil revision application by setting aside the impugned order provided; I. The petitioner pays a sum of Rs.3,500/- to the husband, opposite party within a period of one month from the date of receipt/ production 2 of a copy of this order towards expenses for summoning of seven witnesses already examined on behalf of the husband, opposite party ; II. The petitioner will not only cooperate, but would ensure that as soon as the witnesses of the husband- opposite party is cross- examined she will start leading her evidence so that the evidence to be adduced by the petitioner is completed within a period of three months from the date of deposition of witnesses of the petitioner would begin. In the event of failure of either of the aforementioned conditions, the court below will proceed exparte against the petitioner. With the aforementioned observations/ directions this application is allowed. (Mihir Kumar Jha,J.) Abhay