Dev Das Dey vs Smt. Shilpa Devi
2021 Latest Caselaw 489 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                     First Appeal No. 11 of 2020
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             Dev Das Dey                                           ---    ---   Appellant
                                                 Versus
             Smt. Shilpa Devi                                      ---    ---   Respondent
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             CORAM:         Hon'ble Mr. Justice Aparesh Kumar Singh
                          Hon'ble Mrs. Justice Anubha Rawat Choudhary
                                     Through Video Conferencing
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             For the Appellant:        Mr. Mukesh Kumar, Advocate
             For the Respondent:       Mr. Rajesh Kumar, Advocate
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06 / 02.02.2021     Heard learned counsel for the parties on the prayer for condonation of delay of

90 days, as pointed out by the office, made through I.A. No. 5531/2020, in preferring the instant Memo of Appeal.

2. Learned counsel for the appellant submits that appellant being a fruit vendor, could not arrange money for fees and expenses to prefer this appeal within time. Learned counsel has also referred to the order dated 16.12.2020 passed in First Appeal No. 49/2019, wherein it has been held that any appeal arising out of the judgment of the Family Court arising from the Hindu Marriage Act, the period of limitation is to be counted as 90 days, as per section 28(4) of Hindu Marriage Act, 1955, instead of 30 days, as per section 19(1) of Family Courts' Act, 1984. He submits that by that reckoning, delay would be only 30 days, which may be condoned.

3. Learned counsel for the Respondent has opposed the prayer.

4. However, having regard to the aforesaid facts and circumstances and the order dated 16.12.2020 passed in First Appeal No. 49/2019, delay being 30 days only in preferring the instant Memo of Appeal, we are inclined to condone the same. Accordingly, I.A. No. 5531/2020 is allowed.

5. Learned counsel for the parties submit that mediation may be resorted to for exploring an amicable settlement at this stage. Both the parties are poor. Appellant is a fruit vendor and the Respondent being a lady, has no independent source of income. Marriage was solemnized on 27.02.2015 and suit for divorce was preferred in 2016 on the grounds of cruelty and unsoundness of mind, which the learned Family Court, Bokaro has rejected.

6. Having regard to the aforesaid facts and circumstances, we think that it would be proper for both the parties to appear physically before the learned Member Secretary, JHALSA at least on the first date i.e. 11.02.2021 between 10.00 am-1.30 pm. Appellant shall pay a sum of Rs. 750/- towards travelling and incidental expenses to the Respondent on the first date of appearance. Since learned counsel for

the appellant has indicated that the appellant does not have enough sources of income being a fruit vendor, learned Member Secretary, JHALSA / learned Mediator, JHALSA would take a call as to how mediation proceedings would be conducted on the subsequent dates, whether physically or on-line by the parties from their respective places. If need be, and as per the convenience of the parties, on their appearance, mediation may be conducted on successive dates, if resolution is in sight. However, if the Respondent has to appear physically on subsequent dates, the appellant should pay the traveling expenses to her. Parties are expected to cooperate in the mediation and attend each of the sittings, whether physically or on-line. If they are able to arrive at a settlement, terms and conditions thereof be reduced in writing and be submitted along with the report.

7. Matter be listed four weeks thereafter along with the report in the week of 22 nd March 2021.

(Aparesh Kumar Singh, J.)

(Anubha Rawat Choudhary, J.) Ranjeet/