IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2171 of 2007 RUBBI DEVI Versus VIJAY KUMAR ----------- 2 4/9/2008 Heard counsel for the petitioner. In the opinion of this Court the impugned order rejecting prayer of the petitioner, wife for accepting her written statement in the facts of the present case, cannot be sustained. It is so because the wife had appeared on 19.6.2007 and the written statement was filed by her on 26.9.2007, within a period of three months at a time when the court had yet to find out the attitude of the parties while making an attempt for amicable settlement between the parties. Recourse thus taken for debarring the wife from contesting the litigation would thus be counter productive to the aims and objectives of the family court. Considering this fact as also the specific statement of the petitioner in her written statement filed on 26.9.2007 that she was eager to go back in the life of her husband providing he was ready to keep her, this Court would find that there is a still chance of making some sort of amicable settlement and therefore, this Court, while setting aside the impugned order, would direct the court below first to make sincere attempt of making amicable settlement and in the event such settlement on account of hardened attitude of the husband is not possible, the court below would proceed to decide the matrimonial case after giving an opportunity to the petitioner, 2 wife in accordance with law. With the above observation/ directions this application is disposed of. ( Mihir Kumar Jha, J. ) Abhay Kumar