Jharkhand High Court
Chanda Sharma vs Sanjay Kumar Sharma on 19 January, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
F.A. No. 498 of 2018
Chanda Sharma --- --- Appellant
Versus
Sanjay Kumar Sharma --- --- Respondent
.......
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH
HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
Through Video Conferencing
For the Appellant : Mr. Binod Kumar Jha, Advocate
For the Respondent : Mr. Md. Zaid Ahmad, Advocate
07/19.01.2021 Heard learned counsel for the petitioner Mr. Binod Kumar Jha and
Mr. Md. Zaid Ahmad for the respondent on the prayer for condonation of
delay of 176 days in preferring the instant memo of appeal made through
I.A. No. 2367 of 2020.
The appeal is directed against the judgment dated 14.05.2018 and
decree dated 26.05.2018 passed in T.M.S. No. 44 of 2015 by the court of
learned Principal Judge, Family Court, Bokaro whereby and where under
the suit instituted by the petitioner / appellant herein for decree of divorce
under Section 13 1(ia)(ib) of the Hindu Marriage Act, 1955 has been
dismissed.
Learned counsel for the appellant submits that as per Section 28(4)
of the Hindu Marriage Act, the time limit for filing an appeal is 90 days
whereas under the provision of Section 19(3) of the Family Court Act, it is
30 days. He refers to the order passed by this Court in F.A. No. 49 of 2019
dated 16.12.2020 wherein it has been held that in an appeal arising out of
judgment / decree under the Hindu Marriage Act, limitation period of 90
days is to be counted. He further submits that the delay has also been
caused on account of other circumstances bonafidely pursued by the
appellant. Several well-wishers and common friends of the parties tried to
settle the dispute amicably but failed lastly in November 2018. Thereafter
appeal was filed in December 2018. Delay is not intentional and appellant
would suffer irreparably, if the delay is not condoned.
Learned counsel for the respondent has opposed the prayer.
However, upon consideration of the submissions of learned counsel
for the parties and the grounds urged, delay is condoned in the interest of
justice. I.A. stands disposed of.
Learned counsel for the parties propose that an effort should be
made for amicable settlement of the matrimonial dispute through
mediation at this stage also before adjudication on merits. Appellant hails
from Bokaro and respondent from Patna, Bihar. Learned counsel for both
the parties submit that mediation may be held online at JHALSA.
In view of the aforesaid submissions and in order to explore the
possibility of amicable settlement of the matrimonial dispute, we deem it
proper to direct the parties to approach the learned Member Secretary,
JHALSA on 28.01.2021 between 10.00 a.m. to 1.30 p.m. for participating
in the mediation online. Learned Member Secretary, JHALSA can be
approached on the following cell numbers:
1. 0651-2482392
2. 8986601912
On their approaching, learned Member Secretary, JHALSA would
place the matter before the learned Mediator, JHALSA for undertaking the
exercise. Subsequent dates may be fixed as per the convenience of the
parties. Parties are expected to cooperate in the mediation process and
attend each of the sittings online from their own location and own facility.
If the parties are able to arrive at an amicable settlement, terms and
condition thereof be reduced in writing by the learned Mediator, JHALSA
and be submitted along with the report 4 weeks thereafter.
Matter be listed in the week of 08.03.2021 along with the report.
((Aparesh Kumar Singh, J.)
(Anubha Rawat Choudhary, J.)
A.Mohanty
