Jharkhand High Court
Babru Bahan Kumbhkar @ Bobru Bahan ... vs Kalyani Kumbhakar on 5 October, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
First Appeal No. 322 of 2019
Babru Bahan Kumbhkar @ Bobru Bahan Kumbhkar--- Appellant
Versus
1. Kalyani Kumbhakar
2. Deepika Kumbhakar --- --- Respondents
---
CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh
Hon'ble Mrs. Justice Anubha Rawat Choudhary
---
For the Appellant: Mr. Amarendra Kumar, Advocate
For the Respondents: Mr. Rohit Agarwal, Advocate
---
06 / 05.10.2021 Appellant is the father-in-law who is aggrieved by the judgment dated
15.03.2019 passed in O.M. No. 36/2017 by the Court of learned Principal
Judge, Family Court, Seraikella-Kharsawan, whereby petition for maintenance
filed by the widow-daughter-in-law (Respondent No. 1) under section 19 of
Hindu Adoptions and Maintenance Act, 1956 was allowed, directing payment
of Rs. 4,000/- per month to the petitioners / Respondents herein i.e. daughter-in-
law and minor girl Deepika Kumbhakar by the defendant / appellant herein.
2. It appears that earlier, writ petition WPC No. 3905/2019 preferred by the
appellant under Article 227 of Constitution of India was dismissed vide order
dated 24.09.2019 passed by the learned single Judge, holding that in a case of
finding of facts, High Court should not interfere in exercise of its jurisdiction
under Article 227 of Constitution converting itself into a Court of Appeal.
4. Learned counsel for the appellant at the outset submits that on some
erroneous advice, appellant had invoked Article 227 of the Constitution of India
earlier. However, appeal was the right remedy against the judgment passed in
such a case.
5. There is a delay of 238 days in preferring the instant Memo of Appeal,
for condonation of which, I.A. No. 159/2021 has been preferred.
6. Learned counsel for the parties submit that both parties are not in such a
financial position to pursue such a long drawn litigation. It would be in the
interest of both of them if the matter is settled through mediation. They come
from Seraikella district. They are ready to attend the mediation physically at
JHALSA.
7. In the light of the aforesaid submission and the proposal given by the
learned counsel for the parties, we deem it proper to refer the parties for
mediation at JHALSA. Parties should appear before the learned Member
Secretary, JHALSA on 20.10.2021 between 10.00 am - 4.00 pm. The phone
numbers of learned Member Secretary, JHALSA are as follows:
Cell No. 8986601912
Landline no. 0651-2482392
8. On their appearance, parties be referred to the learned Mediator,
JHALSA for undertaking the exercise. Parties should attend the mediation with
an open mind and attend each of the sittings. Appellant shall pay Rs. 750/-
towards incidental and travelling expenses to the Respondent No. 1 on each
date she attends the proceedings, in the presence of learned Mediator, JHALSA.
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.
9 Matter be listed in the week of 29th November 2021 along with the
report.
(Aparesh Kumar Singh, J)
(Anubha Rawat Choudhary, J)
Ranjeet/
