Bhawesh Prasad Pandit vs Bimla Pandit @ Kumari
2022 Latest Caselaw 978 Jhar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       First Appeal No. 40 of 2021
          Bhawesh Prasad Pandit                                              ....... Appellant
                                           Versus
          Bimla Pandit @ Kumari                                              .......Respondent
                                    With
                       First Appeal No. 10 of 2022
          Bimla Pandit @ Kumari                                              ......Appellant
                                           Versus
          Bhawesh Prasad Pandit                                              ...... Respondent
                                    --

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

--

For the Appellant : Mr. Arwind Kumar, Advocate For the Respondent : Mr. Ashish Kumar Shekhar, Advocate

----

06/10.03.2022 Reference may be made to the order dated 2nd March, 2022, which reads as under:

"Mr. Ashish Kumar Shekhar, learned counsel for the Respondent submits that First Appeal No. 10/2022 has been preferred by the wife (Respondent herein) against the same impugned judgment dated 24.07.2021 passed under section 25(2) of Hindu Marriage Act, 1955 by the Court of learned Principal Judge, Family Court, Bokaro, by which maintenance amount of Rs. 18,000/- per month has been reduced to Rs. 9,000/- per month in favour of the husband. It is submitted that the husband has preferred this appeal seeking further reduction of monthly maintenance to Rs. 6,000/- per month.

2. Mr. Arwind Kumar, learned counsel for the appellant, undertakes to appear in First Appeal No. 10/2022 for the husband who is Respondent therein, by filing vakalatnama. Upon filing of vakalatnama, let his name appear in the cause list for the Respondent in First Appeal No. 10/2022.

3. As prayed for, list the case along with First Appeal No. 10/2022 in the next week."

Learned counsel for both the parties submit that the issue may be resolved through mediation at JHALSA, where parties are willing to appear physically. Parties are divorced since 28th June, 2018, it's only a question of amount of maintenance, which has been modified by the impugned order passed under Section 25(2) of the Hindu Marriage Act, 1955 by learned Family Court, Bokaro.

In that view of the matter, let the parties appear before the learned Member Secretary, JHALSA on 23rd 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. Parties are expected to cooperate in the mediation proceedings with an open mind and attend each of the sittings. Husband shall pay a sum of Rs. 1,250/- towards travelling and incidental expenses to the wife on each date, she attends the mediation, 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.

Matters be listed in the week of 2nd May, 2022 along with the report.

Learned counsel for the wife submits that maintenance amount are due in huge arrears. Learned counsel for the husband shall file an affidavit containing proof of payment of maintenance amount from the date it is ordered at least one week before the next date.

(Aparesh Kumar Singh, J)

(Deepak Roshan,J) jk/