IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.544 of 2008 SANGEETA DEVI Versus VIJAY NARAYAN SINGH ----------- 3 8/12/2008 Heard counsel for the petitioner. No one appears for the opposite party despite service of notice. It is true that the petitioner and her husband opposite party are on litigating terms, but there is nothing to show at least from the impugned order that the petitioner had knowledge of the divorce case filed by her husband. Adverse inference drawn by the court below merely on the basis of some surmises and conjunctures in absence of valid service of notice on the petitioner could not have been good reasons for refusing prayer of the petitioner for recalling the order of exparte hearing. At the same time, this Court would not approve the endless struggle of the husband in chasing the petitioner, wife for getting divorce. This Court also cannot ignore that at one point of time petitioner herself had sought a decree of divorce by filing her suit which however was dismissed. In such view of the 2 matter, interest of justice could be better served by getting the divorce suit of her husband decided after contest of the parties. Counsel for the petitioner undertakes that the petitioner shall appear before the Court in person within a period of one month from the date of receipt/production of a copy of this order and would thereafter file her written statement within next fifteen days. In the event the petitioner files her written statement, the witnesses who have been examined on behalf of the husband-opposite party will be also cross- examined in the next one month and whatever evidence that she has to lead, must be completed within the period of one month thereafter. The court below considering the fact that the case was pending for argument would not give any further indulgence to the petitioner. In case even there is single default on the part of the petitioner the court below would proceed to deliver the judgment within a period of one month of such 3 default by the petitioner. With the aforementioned observation and direction this application is allowed and the impugned order is set aside and the matter is remitted back to the court below to pass an appropriate order. (Mihir Kumar Jha, J.) Abhay Kumar