Mrs. Juhi Kumari vs Mr. Rabindra Kumar
2022 Latest Caselaw 2188 Jhar

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                  First Appeal No. 318 of 2019

             Mrs. Juhi Kumari                         ---        ---  Appellant
                                               Versus
              Mr. Rabindra Kumar                      ---        ---  Respondent
                                                    With
                                      First Appeal No. 155 of 2019
              Mrs. Juhi Kumari                        ---        ---  Appellant
                                               Versus
              Mr. Rabindra Kumar                      ---        ---  Respondent
                                                     ---

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

---

              For the Appellant:        Mr. Rohit Sinha, Advocate
              For the Respondent:       M/s J. Mazumdar, Vikash Kumar, Advocates
                                               ----
06 / 15.06.2022      The present appeals arise out of the common impugned judgment dated

16.03.2019 passed in Original Suit No. 46/2017 (from which First Appeal No. 318/2019 arises), whereby the prayer for restitution of conjugal rights by the wife (appellant herein) was refused; Original Suit No. 44/2018 (from which First Appeal No. 155/2019 arises) preferred by the Respondent-husband seeking divorce on the grounds of cruelty and desertion was allowed. The connected appeal First Appeal No. 155/2019 has already been admitted for hearing vide order dated 18.08.2020 on failure of mediation. First Appeal No. 318/2019 suffers from a delay of 211 days.

2. We have heard learned counsel for the parties on the prayer for condonation of delay made through I.A. No. 2883/2022. The ground of ill health and the appellant is pursuing some Diploma course in Elementary Education from Dev Sangha Institution of Professional Studies and Educational Research, Deoghar have been taken by the appellant wife. Reliance has also been placed on the order dated 16.12.2020 passed in F.A. No. 49/2019 wherein the period of limitation in appeal arising out of the judgment passed under Hindu Marriage Act, 1955 has been treated as 90 days under section 28(4) thereof instead of 30 days under section 19(3) of Family Courts' Act, 1984.

3. Learned counsel for the Respondent has opposed the prayer. He submits that one time permanent alimony of Rs. 10.00 lakhs has already been deposited before the Family Court, Dumka and Rs. 15,000/- per month is being paid as maintenance in terms of order passed under section 125 of the Cr. P.C to the appellant wife.

4. However, on consideration of the explanation urged and the submission of the parties, we are inclined to condone the delay as the matrimonial dispute still survives and one of the appeals arising out of the common impugned judgment has already been admitted for hearing. Accordingly, delay is condoned. I.A stands disposed of.

5. Admit.

6. Lower court records have already been summoned vide order dated 18.08.2020 passed in First Appeal No. 155/2019 in connection with the Original Suit No. 46/2017 and Original Suit No. 44/2018. If lower court records of Original Suit No. 46/2017 have not been received, let it be summoned from the learned Family Court, Dumka.

7. Both the Appeals be listed under the heading 'for hearing', as per its age.

(Aparesh Kumar Singh, J)

(Deepak Roshan, J) Ranjeet/