Shalini Anand vs Arun Kumar Singh
2021 Latest Caselaw 3548 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 First Appeal No. 05 of 2020

        Shalini Anand                                        ---    ---    Appellant
                                            Versus
        Arun Kumar Singh                               ---          ---    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. Sumit Prakash, Advocate For the Respondent : Mr. Vikash Kumar, Advocate

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09/22.09.2021 Heard learned counsel for the parties on the prayer for condonation of delay of 77 days in preferring the instant memo of appeal made through I.A. No.140/2021.

Learned counsel for the appellant submits that the delay is not intentional but on account of some delay in obtaining the certified copy of the decree and approaching learned counsel for preferring this appeal. However, appellant may suffer irreparably, if the delay is not condoned since the Original Suit No.26/2016 instituted by her on the grounds of cruelty and desertion under Section 13(1)(i-a) & (i-b) of the Hindu Marriage Act, 1955 has been dismissed by learned Principal Judge, Family Court, Seraikella- Kharsawan vide impugned judgment dated 16th September 2019.

Learned counsel for the respondent has opposed the prayer. However, having considered the grounds urged and the submissions of learned counsel for the parties, delay is condoned. I.A. No.140/2021 stands disposed of.

Learned counsel for both the parties agree that an effort for amicable settlement of the matrimonial dispute between the parties can be made through mediation at JHALSA at this appellate stage also since the parties are living separately since 19th September 2013.

Learned counsel for the respondent submits that since the respondent is employed in a multi-national company at Bangaluru, it would be convenient if the first date of mediation is posted after Dussehra vacation so that he can attend mediation physically at JHALSA.

Learned counsel for the appellant submits that the appellant resides at Seraikella and she would be able to attend the mediation physically at JHALSA.

In that view of the matter, let the parties approach the learned Member Secretary, JHALSA on 23rd October 2021 between 10:30 A.M. to 4:30 P.M. for participating in a mediation exercise on the following phone numbers :-

Cell No. - 8986601912 Landline no.- 0651-2482392

On their approaching, matter be placed before the learned Mediator for undertaking the exercise. Parties are expected to cooperate in the mediation proceedings with open mind and attend each of the sittings.

Respondent shall pay a sum of Rs.1500/- to the appellant towards traveling and incidental expenses on each date, she attends mediation, in presence of learned Mediator, JHALSA. If they are able to arrive at an amicable settlement, terms and conditions thereof be reduced in writing with their joint signatures by the learned Mediator, JHALSA and be submitted along with the report four weeks thereafter.

Let the matter be listed in the week of 29th November 2021 along with the report.

(Aparesh Kumar Singh, J)

(Anubha Rawat Choudhary, J) Shamim/