Sakhi Kunai vs Ritu Kunai
2022 Latest Caselaw 539 Jhar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             First Appeal No. 88 of 2020
          Sakhi Kunai                                                   ---     Appellant
                                            Versus
          Ritu Kunai                                                    ---    Respondent
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CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Hon'ble Mr. Justice Deepak Roshan

Through: Video Conferencing

For the Appellant : Mr. Shashi Kant Thakur, Advocate For the Respondent : Md. Asadul Haque, Advocate

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05/17.02.2022 Heard learned counsel for the parties on the prayer for condonation of delay of 509 days in preferring the instant Memo of Appeal made through I.A. No. 3464 of 2021.

Learned counsel for the appellant submits that petitioner is residing in remote village area in West Bengal. Therefore he could not collect the information within time for preferring this appeal. She was also suffering from illness and was also facing financial crisis. The delay is not intentional. It may be condoned, since restitution has been granted in favour of the respondent by the impugned judgment dated 3rd July, 2019 passed by learned Family Court, Pakur.

Learned counsel for the respondent does not have any serious objection. On consideration of the grounds urged and the submission of learned counsel for the parties, delay is condoned in the interest of justice as the dispute is matrimonial.

Consequently, the instant I.A stands disposed of. Learned counsel for the parties agree that an effort for amicable settlement of matrimonial dispute between the parties should be explored through mediation at JHALSA. Marriage was performed in 2015 and there are no issues out of the wedlock. Parting are ready to appear physically at JHALSA.

In that view of the matter, let the parties appear before the learned Member Secretary, JHALSA on 5th March, 2022 at 10:30 a.m. Learned Member Secretary can also be approached on the following numbers Cell No. 8986601912 Landline no. 0651-2482392.

On their appearance, matter be placed before the learned Mediator JHALSA for undertaking the exercise. Since the appellant-wife has to come from Pakur, the respondent-husband shall pay a sum of Rs. 2,000/- towards travelling and incidental expenses to the appellant-wife on each date, she attends the mediation, in presence of the learned Mediator, JHALSA. Since the parties are

coming from far of places, learned Mediator would endeavour to hold the sittings initially on consecutive dates and subsequent dates may be given as per convenience of the parties. Parties are expected to cooperate in the proceedings and attend each of the sitting. 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.

Matter be listed in the week of 18th April, 2022.

(Aparesh Kumar Singh, J)

(Deepak Roshan,J) jk/