Dr. Sarika Singh @ Sarika vs Shashi Bhushan
2021 Latest Caselaw 1156 Jhar

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                  First Appeal No. 315 of 2019

            Dr. Sarika Singh @ Sarika                     ---           ---     Appellant
                                             Versus
            Shashi Bhushan                                ---           ---   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. Ajay Kr. Singh, Advocate For the Respondent: Mr. Anil Kr. Sinha, Advocate

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06 / 08.03.2021 Heard learned counsel for the parties on the prayer for condonation of delay of 37 days in preferring the instant Memo of Appeal made through I.A. No. 10221/2019.

2. The Original Suit No. 84/2018 instituted by the appellant under sections 13(1) (1-a) and (i) of Hindu Marriage Act, 1955 was allowed by a decree of dissolution of marriage and a direction upon the Respondent Husband to pay either a sum of Rs. 4,000/- per month as maintenance or lump-sum permanent alimony of Rs. 4.00 lakh to the petitioner-wife / appellant herein from the date of passing of the judgment. Appellant is aggrieved by the amount of maintenance / permanent alimony awarded as according to her, it is grossly inadequate.

3. Learned counsel for the appellant submits that delay, if any, is minor. Moreover, by order dated 16.12.2020 passed in First Appeal No. 49/2019, this Court has held that the period of limitation for preferring an appeal from a judgment and decree passed by the learned Family Court under Hindu Marriage Act, 1955 would be 90 days. Therefore, there is no delay as such in the eye of law.

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

5. Having considered the submissions of learned counsel for the parties and the grounds urged, delay being minor, is condoned. I.A. stands disposed of.

6. Learned counsel for the parties submit that parties have expressed their willingness to participate in the mediation process at JHALSA for amicable settlement of their remaining dispute relating to maintenance / permanent alimony. Appellant stays at Gaya. She may attend the proceedings on-line from her location and from her own facilities.

7. In that view of the matter, let the parties approach the learned Member

Secretary, JHALSA on 18.03.2021 between 10.00 am - 1.00 pm on the following phone nos.

Cell No. 8986601912 Landline no. 0651-2482392

8. On their approaching, matter be placed before the learned Mediator, JHALSA for undertaking the exercise. Parties are expected to cooperate with an open mind in on-line mediation proceedings and attend each of the sittings. If they are able to arrive at an amicable settlement, terms and conditions thereof be reduced in writing by the learned Mediator, JHALSA and be submitted along with the report four weeks thereafter.

9. Let the matter be listed in the week of 26.04.2021.

(Aparesh Kumar Singh, J)

(Anubha Rawat Choudhary, J) Ranjeet/