Ram Kumar Mandal vs Kalpana Mondal
2022 Latest Caselaw 2351 Jhar

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                   First Appeal No. 49 of 2021

             Ram Kumar Mandal                                ---   ---    Appellant
                                                  Versus
             Kalpana Mondal                                  ---   ---     Respondent
                                                    ---

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

---

              For the Appellant:        Mr. Lukesh Kumar, Advocate
              For the Respondents:      Mr. Naresh Pd. Thakur, Advocate
                                               ----
06 / 29.06.2022      Respondent has entered appearance on notice through vakalatnama.

2. Heard learned counsel for the parties on the prayer for condonation of delay of 229 days in preferring the instant Memo of Appeal made through I.A. No. 7412/2021.

3. Learned counsel for the Appellant submits that by the impugned judgment dated 11.04.2021, Original Suit No. 633/2016 instituted under Sections 13(1)(ia) & (ib) of Hindu Marriage Act, 1955 has been dismissed by the learned Family Court, Dhanbad. Appellant being a poor person, could not get information about passing of the impugned judgment. However, on coming to know about it, he took time for arranging money and after arranging money, he approached the learned counsel in the High Court for preferring an appeal. Delay is not intentional. Appellant would suffer irreparably if delay is not condoned. Parties are living separately since last seven years and there are two children born out of the marriage performed in 2005 and they are living with the wife.

4. Learned counsel for the Respondent wife has opposed the prayer.

5. On consideration of the rival pleas of the parties and grounds urged and in the interest of justice, we are inclined to condone the delay. I.A. is disposed of.

6. Learned counsel for the parties agree to the proposal for exploring the possibility for an amicable settlement of the dispute between the parties through mediation at JHALSA at this appellate stage also.

7. In view of the submission of learned counsel for the parties and in the spirit of Family Courts' Act, 1984, let the parties appear before the learned Member Secretary, JHALSA on 08.07.2022 at 10.30 am. Learned Member Secretary can also be approached on the following phone nos.

Cell No. 8986601912 Landline no. 0651-2482392

8. On their appearance, matter be placed before the learned Mediator, JHALSA for undertaking the exercise. Parties are expected to cooperate in the mediation proceeding with an open mind and attend each of the sittings. Appellate shall pay a sum of Rs. 1,250/- towards incidental and traveling expenses to the Respondent on each date she attends the mediation, in presence of the learned Mediator, JHALSA. If parties are able to arrive at an amicable settlement, terms thereof be reduced in writing under their joint signature and be submitted along with the report four weeks thereafter.

9. Let the matter be listed in the week of 22.08.2022 along with the report.

(Aparesh Kumar Singh, J)

(Deepak Roshan, J) Ranjeet/