Jharkhand High Court
Manik Gorai vs Jotsana Gorai @ Josna Gorai on 6 April, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
F.A. No.297 of 2019
......
Manik Gorai --- --- Appellant
Versus
Jotsana Gorai @ Josna Gorai --- --- Respondent
---
CORAM: The Hon'ble Mr. Justice Aparesh Kumar Singh
The Hon'ble Mrs. Justice Anubha Rawat Choudhary
Through Video Conferencing
---
For the Appellant : Mr. Ritesh Singh, Adv.
Mr. Vishnu Prabhakar Pathak, Adv.
For the Respondent : Mr. Sunil Singh, Adv.
---
09/06.04.2021 The appeal is directed against the judgment dated 14th June 2019
passed in Original Suit No.398/2017 by the court of learned Principal Judge,
Family Court, Bokaro whereby and whereunder the Original Suit No.398 of
2017 instituted by the petitioner/appellant husband for dissolution of marriage
with the respondent wife under Section 13(1)(i-a)(i-b) of the Hindu Marriage
Act, 1955 has been dismissed. The appeal suffers from a delay of 54 days for
condonation of which I.A. No.1385/2020 has been filed.
Learned counsel for the appellant submits that there were
genuine financial difficulty for the delay as explained in the I.A. Besides that,
there were two consecutive deaths in the family of the appellant. Therefore, it
took some time to approach the learned counsel to this Court for filing this
appeal. He submits that in terms of the order dated 16 th December 2020
passed in F.A. No.49/2019 there is practically no delay in preferring the
appeal. It has been held therein that in appeals arising out of the Hindu
Marriage Act, 1955, the period of limitation should be counted as 90 days in
terms of Section 28(4) of the Act of 1955.
Learned counsel for the respondent has opposed the prayer.
However, having considered the aforesaid explanation and the
submissions of the parties, delay is condoned. I.A. No.1385 of 2020 stands
disposed of.
Learned counsel for the parties agree that an effort can be made
for amicable settlement of the dispute through mediation at this appellate
stage also before adjudication on merits. They further submit that the parties
will be willing to attend mediation physically at JHALSA.
In that view of the matter, let the parties approach the learned
Member Secretary, JHALSA on 16th April 2021 between 10:00 A.M. to 1:30
P.M. On their approaching, matter be placed before the learned Mediator for
undertaking the exercise. Parties should cooperate in the mediation
proceedings and attend each of the sittings. Appellant shall pay a sum of
Rs.1,000/- to the respondent on each date she attends mediation at JHALSA,
in presence of learned Mediator, JHALSA. If the parties are able to arrive at
an amicable settlement, terms and conditions thereof be reduced in writing
under their joint signatures by the learned Mediator, JHALSA and be
submitted along with the report five weeks thereafter.
Let the matter be listed in the reopening week after summer
vacation 2021 along with the report.
(Aparesh Kumar Singh, J.)
(Anubha Rawat Choudhary, J.)
Shamim/
