Vandana Kumari vs Greesh Babu Mathur
2021 Latest Caselaw 1020 Jhar

               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                First Appeal No. 230 of 2019
              Vandana Kumari                                                    Appellant
                                                Versus
               Greesh Babu Mathur                                 ....            Respondent

            CORAM:       Hon'ble Mr. Justice Aparesh Kumar Singh
                         Hon'ble Mrs. Justice Anubha Rawat Choudhary

                        Through Video Conferencing
                                                  ---

            For the Appellant       : Mr. Pratiush Lala, Advocate
            For the Respondent      : Mr. Rohitashya Roy, Advocate
                                                  ---
10/01.03.2021           Heard learned counsel for the parties on the prayer for condonation of

delay of 390 days in preferring the instant memo of appeal made through I.A. No. 6461 of 2019.

Original Matrimonial Suit No. 13 of 2017 seeking divorce under Section 13 of the Hindu Marriage Act, 1955 on the grounds of cruelty and desertion has been allowed by learned Principal Judge, Family Court A/C, Latehar by the judgment and decree dated 11th May, 2018 and 23rd May, 2018. It was an ex parte judgment and decree.

In order to support the prayer for condonation of delay, appellant contends that she is mother of two tender daughters aged 10 years and 5 years residing at Firozabad in U.P and could not contest the suit because of practical reason. For the same reasons, she could know about passing of the impugned judgment after some time in May, 2019. The copy of the judgment was procured through her Advocate on 7th June, 2019 and thereafter she approached her counsel in this Court to file the appeal in July, 2019. This has resulted in delay though not intentional. The appellant would suffer irreparably if the delay is not condoned since divorce has been granted as an ex parte proceeding without proper contest.

Learned counsel for the respondent has filed counter affidavit opposing the prayer. He submits that notice was properly delivered during the proceedings of the matrimonial suit at the address which is one and the same as in this memo of appeal. Appellant has not denied about service of notice. There has been gross negligence or deliberate inaction on the part of the appellant in preferring the appeal within time. The time limit of 90 days in preferring the memo of appeal arising out of judgment and decree passed under Hindu Marriage Act, 1955 has long expired. Therefore, the delay should not be condoned in such cases where the litigant is not vigilant and valuable rights has accrued to the respondent.

We have considered the submission of learned counsel for the parties and taken note of explanation urged in the I.A as also the objection raised in the

counter affidavit filed by the respondent. It appears that proceedings before learned Family Court remained uncontested on account of absence of the respondent/appellant herein, who admittedly resides at Firozabad in U.P. along with two tender age daughters. There were delay in getting knowledge of the impugned judgment and consequent delay in preparing and filing of the appeal has been explained with which we are satisfied. Accordingly, delay is condoned. Consequently, the instant I.A stands disposed of.

Learned counsel for the parties agree that an effort should be made for amicable settlement of the matrimonial dispute. Accordingly, let the parties engage in mediation process before JHALSA. Appellant resides at Firozabad in U.P. and she may attend the proceedings on-line from there. It is open for the respondent to attend the mediation proceedings physically, as he is a resident of Latehar or on-line. In either case, let the parties approach the learned Member Secretary, JHALSA on 9th March, 2021 between 10:00 am to 1:30 pm. on the following Cell/Landline Nos.

                      i)     8986601912
                      ii)    0651-2482392

On their approaching, matter be placed before learned Mediator, JHALSA for undertaking the exercise. Each of the parties should indicate beforehand whether they want to join the mediation physically or on-line. However, in any case, parties should cooperate in the proceedings with an open mind and attend each of the sittings. If they are able to arrive at an amicable settlement, terms and conditions thereof be reduced in writing and be submitted along with the report 4 weeks thereafter.

Matter be listed in the week of 19th April, 2021.

(Aparesh Kumar Singh, J.)

(Anubha Rawat Choudhary, J.) Jk