Sukhram Hazam vs Sulekha Parmanik
2021 Latest Caselaw 41 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                    First Appeal No. 54 of 2020
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             Sukhram Hazam                                       ---   --- Appellant
                                                Versus
             Sulekha Parmanik                                    ---   --- Respondent
                                                       ---
             CORAM:        Hon'ble Mr. Justice Aparesh Kumar Singh
                         Hon'ble Mrs. Justice Anubha Rawat Choudhary
                                    Through Video Conferencing
                                                   ---
             For the Appellant:       Mr. Awinash Kumar, Advocate
             For the Respondent:      Mr. Avishek Prasad, Advocate
                                           ---
05 / 05.01.2021     Heard learned counsel for the appellant Mr. Awinash Kumar and Mr. Avishek

Prasad for the Respondent on the prayer for condonation of delay of 267 days in preferring the instant Memo of Appeal made through I.A. No. 5254/2020.

2. Learned counsel for the appellant submits that the prayer for restitution of conjugal rights in Original Suit No. 305/2012 has been declined by the learned Additional Principal Judge, Additional Family Court, Ranchi by the impugned judgment and decree dated 07/09/2019 and 18/09/2019. Appellant is inclined to settle the matrimonial dispute, but previous attempts through mediation have failed. This has also entailed some delay and declaration of lockdown due to outbreak of pandemic has occasioned delay. Delay may be condoned, otherwise appellant would suffer irreparably.

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

4. However, on consideration of the grounds urged and submissions of the parties, delay is condoned. I.A. is disposed of.

5. Learned counsel for the parties agree that an effort can be made for amicable settlement of matrimonial dispute through mediation at JHALSA before adjudication on merits at this appellate state itself. Parties are living at Ranchi.

6. Therefore, they should approach the learned Member Secretary, JHALSA on 12th January 2021 between 10.00 am-1.30 pm. On their appearance, matter be placed before the learned Mediator, JHALSA for undertaking the exercise. Parties are expected to cooperate in the mediation and attend each of the date. If they are able to arrive at an amicable settlement, terms and conditions thereof be jointly reduced in writing and be submitted along with the report four weeks thereafter.

7. Appeal be listed along with the report in the week of 22nd February 2021.

(Aparesh Kumar Singh, J.)

(Anubha Rawat Choudhary, J.) Ranjeet/