Safali Kumari vs Roshan Kumar
2022 Latest Caselaw 2887 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                   First Appeal No. 323 of 2019

           Safali Kumari                                               ---   Appellant
                                                Versus
           Roshan Kumar                                                ---   Respondent

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CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Hon'ble Mr. Justice Deepak Roshan

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For the Appellant : Mr. Awanish Ranjan Mishra, Advocate For the Respondent : Mr. Baibhaw Gahlaut, Advocate

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08/27.07.2022 We have heard learned counsel for the parties on the prayer for condonation of delay of 74 days in preferring the instant Memo of Appeal.

Learned counsel for the appellant submits that the appellant with a minor eight-year-old child was unable to contest the original suit properly. However, during pendency of the Transfer Petition No. 40 of 2018, the suit itself got decided against her. Delay is not intentional as it took her time to get the certified copy of judgment and decree with some effort and prefer an appeal after obtaining some monetary help. If the appeal is not heard on merits, she may suffer irreparably since the respondent husband has got a decree of divorce in his favour.

Learned counsel for the respondent-husband has opposed the prayer. On consideration of the explanation and the submission of parties, we are inclined to condone the delay as it appears that even after the decree of divorce the matrimonial dispute refuses to die. Accordingly, delay of 74 days is condoned. Consequently, I.A No. 2985 of 2022 is disposed of.

First Appeal No. 323 of 2019 Learned counsel for the parties agree that an effort for amicable settlement of matrimonial dispute between the parties can be made through mediation at JHALSA at this appellate stage also. Parties are ready and willing to attend mediation physically at JHALSA In the spirit of the Family Courts' Act, 1984 and the fair stand taken by learned counsel for both the parties, we deem it proper to direct the parties to appear before the learned Member Secretary, JHALSA on 5th August, 2022 at 10.30 a.m. Learned Member Secretary, JHALSA can also be approached on the following numbers:

Cell No. 8986601912 Landline no. 0651-2482392

On their approaching, matter be placed before the learned Mediator, JHALSA for undertaking the exercise. Parties are expected to cooperate in the mediation proceedings with an open mind and attend each of the sittings. Respondent shall pay a sum of Rs. 1,000/- towards incidental and travelling expenses to the appellant on each date, she participates in the mediation proceedings, in presence of the learned Mediator, JHALSA. If the parties 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.

Let the matter be placed in the week of 19th September, 2022 along with the report.

(Aparesh Kumar Singh, J)

(Deepak Roshan, J) jk/