IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.21259 of 2011 Vandana Sinha Versus Ashwani Kumar ---------------------------------- 02. 02.12.2011 Heard the learned counsel for the petitioner. This application under Article 227 of the Constitution of India has been filed against the order dated 17.10.2011 passed by Principal Judge, Family Court, Patna in Matrimonial Case No.358 of 2011 whereby the learned Court below in absence of the petitioner observed that the petitioner is not interested in reconciliation matter. It is stated that after passing the order dated 17.10.2011, the petitioner has filed application on 10.11.2011 disclosing that she is ready to participate in the reconciliation matter and prayed the Principal Judge, Family Court, Patna for holding reconciliation. From perusal of the entire ordersheet, it appears that notices were directed to be issued on 11.07.2011 and on 17.08.2011, the petitioner appeared. On 29.08.2011, both parties filed representation application through their Advocates and the learned Court below fixed the date of reconciliation on 17.10.2011. Only on that date, the petitioner was not physically present before the Principal Judge and the Court below observed that the petitioner is not willing to participate in reconciliation matter and held 2 that the reconciliation failed. So far this observation made by the Court below is concerned, is unsustainable as the Court did not talk to and persuade the parties. As stated above, only on one date the petitioner was not present. Since the petitioner has filed an application on the subsequent date praying for reconciliation, the Court below shall again take up the reconciliation matter giving short dates and the petitioner assured this Court that she will be physically present and participate in the reconciliation matter on the next date that may be given by the Court below. The Principal Judge, Family Court, Patna shall consider the application filed by the petitioner on 10.11.2011 without being influenced by the order and observation made by him on 17.10.2011. The petitioner shall also file her written statement, if not filed. With this observation, this writ application is disposed of. Saurabh (Mungeshwar Sahoo,J.)