Jharkhand High Court
Smt. Abhiruchi Singh vs Sri Rakesh Kumar Singh on 11 February, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
F.A. No. 44 of 2020
Smt. Abhiruchi Singh .... Appellant
Versus
Sri Rakesh Kumar Singh .... Respondent
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. Vikash Kumar, Advocate
For the Respondent : Mr. Samir Kumar Lall, Advocate
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07/11.02.2021 Heard learned counsel for the appellant, Mr. Vikash Kumar and Mr.
Samir Kumar Lall, learned counsel representing the respondent-husband.
Appellant is aggrieved by the ex parte judgment and decree dated 2nd
August, 2018 and 14th August, 2018 passed by the court of learned Principal
Judge, Family Court, East Singhbhum at Jamshedpur in Original Suit No. 446 of
2016 under Section 13(1) (i-a)(i-b) of the Hindu Marriage Act, 1955 on grounds of
cruelty and desertion.
According to her, the outcome of the case came to her notice in May,
2019 for the first time since she was all along managing the daily affairs of her life
and taking care of her children. She could not manage to take steps for challenging
the order before Hon'ble Court within the time prescribed. Therefore, a prayer has
been made through I.A. No. 6111 of 2020 for condonation of delay of 566 days in
preferring the instant Memo of Appeal. Delay may be condoned in the interest of
justice.
Learned counsel for the respondent has opposed the prayer. He submits
that as per his instruction the respondent has remarried after the judgment and
decree of divorce. Three children were born out of wedlock, out of whom two are
staying with the appellant- mother while one is residing with him. He further
submits that despite twice substituted service of notice through paper publication,
defendant/appellant herein failed to contest the suit. There is no chance of
reconciliation on account of the supervening circumstances.
Having considered the submission of learned counsel for the parties and
the explanation urged in the instant I.A., delay is condoned in the interest of justice
since the dispute is matrimonial in nature. The instant I.A. stands disposed of.
Learned counsel for the parties agree that an effort can be made for
amicable settlement of the lingering matrimonial dispute through mediation at
JHALSA at this appellate stage also. Both the parties are ready to attend mediation
proceedings physically at JHALSA.
Having regard to the aforesaid circumstances and in the spirit of Family
Courts Act, 1984, let the parties appear before learned Member Secretary,
JHALSA on 20th February, 2021 between 10:00 am to 01:30 pm.
On their appearance, matter be placed before learned Mediator for
undertaking the exercise. Parties are expected to cooperate in the mediation and
attend each of the sittings with an open mind. If the parties are able to arrive at an
amicable settlement either way, terms and conditions thereof be reduced in
writing under their joint signature and be submitted along with the report 4 weeks
thereafter.
Let the case be placed in the week of 5th April, 2021 along with the
report.
(Aparesh Kumar Singh, J.)
(Anubha Rawat Choudhary, J.)
Jk
