IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS NO.24968 OF 2010 OM PRAKASH KUMAR VERSUS 1. STATE OF BIHAR AND 2. VANDANA WIFE OF OM PRAKASH KUMAR. ---------------------------------- 12. 20.12.2011. Heard Sri Rama Kant Sharma, learned Sr.advocate for the petitioner and Sri Umesh Kumar Mishra, learned advocate for opposite party no.2, Vandana in the instant criminal misc. case which has already been disposed of vide order dated 29.8.2011, and has again been put up under the heading ‘To be mentioned’ in view of letter of trial court. The petitioner submits that on some ground or the other, opposite party no.2 is avoiding to appear before the Family court, Patna causing delay in disposal of Matrimonial (Divorce) Application no. 321 of 2010, in spite of observation of this Court in previous order dated 29.8.2011 that if opposite party no.2 does not cooperate in the proceeding, it would be at her own peril. The court further directed the Family court, Patna to dispose of the matrimonial case within three months from the date of receipt/production of a copy of this order. 2 Subsequent to this order, the Family court, Patna has sent a report dated 14.11.2011. It has been stated in the report that from perusal of the case record of this matrimonial case it does not appear that the opposite party-wife has ever appeared either in person or through lawyer in this case at any point of time. All the more, even the matrimonial application has also not been signed by the opposite party-wife Smt. Vandana as yet. Learned counsel appearing for opposite party no.2 submits that she has taken away the brief from him. From perusal of several orders of this Court, I agree with the submission of learned counsel for the petitioner that opposite party no.2 is acting in fairness. In the circumstances, I direct the Principal judge, Family court, Patna to take coercive steps to ensure appearance of opposite party no.2 for early disposal of the matrimonial case. Shashi. (Samarendra Pratap Singh, J.)