Jharkhand High Court
Sudhangshu Das @ Sudhanshu Das vs Kabita Devi on 13 September, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
First Appeal No. 53 of 2021
Sudhangshu Das @ Sudhanshu Das --- --- Appellant
Versus
1. Kabita Devi
2. Aniruddha Das --- --- Respondents
---
CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh
Hon'ble Mr. Justice Deepak Roshan
---
For the Appellant: M/s Abhay Kumar, P.K. Mukhopadhyay, Advocates
For the Respondents: Mr. Sandip Kr. Barnwal, Advocate
----
08 / 13.09.2022 Heard learned counsel for the parties on the prayer for condonation of
delay of 51 days in preferring the instant Memo of Appeal made through I.A.
No. 6446/2022.
2. Appellant is the father-in-law against whom maintenance @ Rs. 2,000/-
and Rs. 3,000/- per month respectively in favour of his infant grandson and
daughter-in-law / Respondents have been allowed by the learned Family Court,
Bokaro by the impugned judgment dated 13.03.2019.
3. Learned counsel for the appellant submits that delay is not intentional.
Earlier, criminal revision was filed which was converted into First Appeal with
the permission of the court and thereafter, stamp reporting was undertaken. As
such, delay may be condoned.
4. Learned counsel for the Respondents has opposed the prayer. He submits
that not a farthing has been paid to the Respondents till date in lieu of
maintenance awarded by the learned Family Court, Bokaro. However, learned
counsel for the appellant submits that the appellant is willing to engage in
mediation proceeding at JHALSA and settle the matter with the Respondent
No. 1-daughter-in-law.
5. It appears that the marriage took place on 05.12.2014 between the
Respondent No. 1 and the son of the appellant late Mithin Das unfortunately
expired on 20.12.2015 by committing suicide. Minor child was born out of the
wedlock thereafter in 2016. Having regard to the nature of dispute and
explanation urged, we are inclined to condone the delay. Delay is condoned.
I.A. is allowed.
6. Since learned counsel for the parties agree that an effort for amicable
settlement of matrimonial dispute can be made through mediation at JHALSA,
let the parties appear before the learned Member Secretary, JHALSA on
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22.09.2022 at 10.30 AM. Learned Member Secretary can also be approached
on the following nos.
Cell No. 8986601912
Landline no. 0651-2482392
7. 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.
Appellant shall pay a sum of Rs. 1,250/- towards incidental and travelling
expenses to the Respondent No. 1 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.
8. Since arrears of maintenance have not been paid till date, neither is any
execution case pending before the learned Family Court at the behest of the
Respondent No. 1, in the fitness of things and in order to show his bonafide to
settle the matter amicably, appellant shall pay a sum of Rs. 60,000/- towards
arrears of maintenance through demand draft in favour of the Respondent No. 1
on 22.09.2022 when the parties appear before the learned Member Secretary,
JHALSA.
9. Let the matter be listed in the reopening week after Diwali vacation 2022
along with the report.
(Aparesh Kumar Singh, J)
(Deepak Roshan, J)
Ranjeet/
