Tushar Das vs Sumita Das
2021 Latest Caselaw 1396 Jhar

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                  First Appeal No. 162 of 2019

            Tushar Das                                      ---           ---    Appellant
                                              Versus
            Sumita Das                                      ---           ---    Respondent
                                               ---

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

---

             For the Appellant:       Mr. Rahul Dev, Advocate
             For the Respondent:      Mr. Akshay Kr. Mahato, Advocate
                                        ---
06 / 18.03.2021     Heard learned counsel for the parties on the prayer for condonation of

delay of 47 days in preferring the instant Memo of Appeal made through I.A. 2386/2020.

2. Learned counsel for the appellant submits that delay was occasioned in obtaining the relevant papers and certified copy of the impugned judgment and decree. Even otherwise, there is no delay in the eye of law in view of the order dated 16.12.2020 passed in First Appeal No. 49/2019 by this Court, wherein it has been held that limitation period for filing appeal against the judgement and decree passed by the learned Family Court arising out of Hindu Marriage Act, 1955, shall be reckoned as 90 days in terms of section 28(4) of the Act of 1955.

3. Learned counsel for the Respondent opposed the prayer.

4. However, having considered the facts and circumstances above and opinion of this Court expressed in First Appeal No. 49/2019 on the issue of limitation, there is apparently no delay in preferring the instant Memo of Appeal. Accordingly, instant I.A. is disposed of.

5. Learned counsel for the parties agree that an effort for amicable settlement of matrimonial dispute between the parties can be made through mediation, at this appellate stage, before adjudication on merits. Learned counsel for the parties submit that the parties are ready and willing to attend the mediation proceedings physically at JHALSA.

6. In that view of the matter, let the parties approach the learned Member Secretary, JHALSA on 26.03.2021 between 10.00 am-1.30 pm. Matter be placed thereafter before the learned Mediator, JHALSA for undertaking the exercise. Appellant shall pay a sum of Rs. 1,000/- towards travelling and incidental cost to the Respondent on each date she attends the mediation proceedings, in the presence of learned Mediator, JHALSA. Parties are expected to 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 under their joint signature and be submitted along with the report four weeks thereafter.

7. Let the matter be listed in the week of 03rd May 2021 along with the report.

(Aparesh Kumar Singh, J)

(Anubha Rawat Choudhary, J) Ranjeet/