Priti Kumari @ Usha Devi vs Chandrajeet Prajapati
2021 Latest Caselaw 1439 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             F.A. No. 389 of 2018
     Priti Kumari @ Usha Devi                     --- --- Appellant
                              Versus
     Chandrajeet Prajapati                        --- --- Respondent
                                   .......

CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY Through Video Conferencing

For the Appellant : Mr. Ajay Kumar Trivedi, Advocate For the Respondent : Mr. Rahul Kumar, Advocate

09/22.03.2021 Heard learned counsel for the parties on the prayer for condonation of delay of 102 days in preferring the instant memo of appeal made through I.A. No. 6377 of 2020.

Appellant wife is aggrieved by judgment dated 08.05.2018 and decree dated 15.05.2018 in Title (Matrimonial) Suit No. 250 of 2012 passed by the learned Principal Judge, Family Court, Bokaro where under, divorce was granted in the suit instituted by the petitioner husband/ respondent herein on the ground of adultery under Section 13(1) (i) of the Hindu Marriage Act, 1955.

Learned counsel for the appellant submits that appellant could not approach this court within stipulated time because of lack of money as she is unemployed. As such, some delay has occasioned. It is submitted that in view of the order passed by this Court on 16.12.2019 in First Appeal No. 49 of 2019, period of limitation is to be reckoned as 90 days in terms of Section 28(4) of the Hindu Marriage Act, 1955. Computing the period of limitation of 90 days, the delay may be at the most 42 days. As such, delay may be condoned otherwise appellant would suffer irreparably since marriage has been dissolved on the ground of adultery.

Learned counsel for the respondent husband has opposed the prayer for condonation of delay.

Having considered the submission of learned counsel for the parties and the reasons stated in the instant I.A., delay is condoned. I.A. stands disposed of.

Learned counsel for the parties agree that an effort for amicable settlement of the matrimonial dispute can be made through mediation at this appellate stage before adjudication on merits. Parties are willing to join the mediation physically at JHALSA.

In view of the intent shown on behalf of both the parties, let them approach the learned Member Secretary, JHALSA on 05.04.2021 between 10.00 a.m. and 1.30 p.m. On their appearance, the matter be placed before the learned Mediator, JHALSA for undertaking the exercise. Respondent husband shall pay a sum of Rs.1000/- to the appellant wife towards travelling and incidental expenses on each date she attends the mediation, in presence of the learned Mediator, JHALSA. Both the parties are expected to cooperate in the mediation process with open mind and attend each of the sittings. In case they are able to arrive at an amicable settlement of their dispute, the terms and conditions be reduced in writing under their joint signature and be submitted along with the report 4 weeks thereafter.

Matter be listed in the week of 10th May, 2021 along with the report.

(Aparesh Kumar Singh, J.)

(Anubha Rawat Choudhary)

A.Mohanty