Jharkhand High Court
Lakhan Saw vs Chandu Devi on 27 July, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
First Appeal No. 74 of 2019
Lakhan Saw --- --- Appellant
Versus
Chandu Devi --- --- Respondent
---
CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh
Hon'ble Mr. Justice Deepak Roshan
---
For the Appellant: Mr. Sanjay Kr. Sinha, Advocate
For the Respondent: Mrs. Swati Shalini, Advocate
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08 / 27.07.2022 We have taken note of the affidavit filed by the appellant and the
respondent in terms of the order dated 02.02.2021. The affidavit of the appellant
is not complete and as per the format in which it is supposed to be filed in terms
of the judgment rendered by the Apex Court in the case of Rajnesh versus Neha
& Others in Criminal Appeal No. 730/2020. It transpires from the enclosed
bank statement that the appellant is getting Rs. 2,365/- per month as pension
from CMPF. Account statement shows the balance of Rs. 73,618 + MOD
balance. MOD balance is not reflected. Respondent is fighting this litigation
with the assistance of legal aid counsel nominated by the High Court Legal
Services Committee being a beneficiary in terms of Section 12(c) of Legal
Services Authorities Act, 1987. By the impugned judgment, learned Additional
Family Court, Dhanbad has directed payment of Rs. 5,000/- per month as
maintenance to the widow daughter-in-law / Respondent by the appellant father-
in-law.
2. Learned counsel for the appellant submits that the appellant is bedridden,
struck by paralysis, but he is ready to part with the share of the property with the
widow daughter-in-law and two major grandsons living with the mother.
3. It appears from the canvass of the facts and submission of the parties that
the widow-respondent has to fend for herself without any regular source of
income. The appellant has not even paid single farthing against the maintenance
amount of Rs. 5,000/- per month awarded in her favour. However, the issue
relating to partition of share of the appellant and the ancestral property amongst
the widow daughter-in-law, two grandsons and another son and any other co-
sharer can better be thrashed out in the mediation proceeding. Appellant being ill
and bedridden can participate in the mediation proceeding through online mode
to be supplied by the concerned DLSA, Dhanbad by deputing a Para Legal
Volunteer with a phablet. Respondent resides in the district of Dhanbad.
Respondent is willing to participate in the mediation exercise physically at
JHALSA.
4. Therefore, we deem it proper to refer the parties for mediation to be held
at JHALSA in a hybrid mode. Appellant would connect from his home through
online mode to be arranged through Para Legal Volunteer by the DLSA, Bokaro.
Respondent would participate physically. Let the parties appear physically /
online before the learned Member Secretary, JHALSA on 06.08.2022 at 10.30
am. Member Secretary, JHALSA can also be approached on the following phone
nos.
Cell No. 8986601912
Landline no. 0651-2482392
5. On their appearance, matter be placed before the learned Mediator,
JHALSA for undertaking the exercise. Both the parties are expected to cooperate
in the mediation proceeding with an open mind and attend each of the sittings.
Appellant shall pay a sum of Rs. 750/- towards travelling and incidental expense
to the Respondent on each date she participate in the mediation proceeding
through Para Legal Volunteer provided for his assistance, to be disbursed
through DLSA, Dhanbad upon verification of her identity. Learned Mediator
would be free to seek participation of the two grandsons of the appellant and
other co-sharer i.e. his younger son. As a bonafide gesture, appellant would pay
an amount of Rs. 50,000/- through demand draft or cheque in favour of the
respondent when both the parties attend the mediation proceeding on the first
date. Cheque / demand draft can be handed over to the respondent through the
Secretary, DLSA, Dhanbad. 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.
6. The Secretary, DLSA, Bokaro would ensure that proper online assistance
is accorded to the appellant to participate in the mediation proceeding from his
home address. Let the office communicate this order with the necessary details
of the appellant such as, address, suit number, Court, contact no., etc. to the
Secretary, DLSA, Dhanbad. Phone No. of the Respondent is 9931456538 while
phone no. of grandson of the appellant is 7979937427. Parties should appear
with the documents relating to their assets and liabilities before the learned
Mediator, JHALSA.
7. Matter be listed in the week of 19th September 2022 along with the report.
(Aparesh Kumar Singh, J)
(Deepak Roshan, J)
Ranjeet/
