Smt. Priya Sharma vs Sanjeev Kumar Sharma
2022 Latest Caselaw 3795 Jhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   (Civil Appellate Jurisdiction)
                               FA No. 319 of 2017
Smt. Priya Sharma                                                      ......Appellant
                                      Versus
Sanjeev Kumar Sharma                                                 ..... Respondent
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CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE RATNAKER BHENGRA

For the Appellant : Mr. Akshay Kumar Mahato, Advocate For the Respondent : Mr. Mukesh Kumar Dubey, Advocate

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Order No. 18 /Dated: 20th September 2022

The wife is aggrieved of the judgment passed in Matrimonial Suit No. 287 of 2014 by which the suit filed under section 13(1) (ia) and (ib) of the Hindu Marriage, 1955 Act has been decreed in favour of the husband.

2. The present First Appeal was filed on 17 th November 2017 with defects.

3. On 12th April 2018, the following order was passed by this Court:

"5. Learned counsel for the appellant as well as respondent, both have made a request for sending the parties for mediation for exploring the possibility of amicable settlement. We also consider it proper before entering into adjudication on merits.

6. Accordingly, both the parties are directed to appear before the learned Member Secretary, JHALSA on 24.04.2018. The matter be placed before learned Mediator, JHALSA for undertaking the exercise. Let a report be submitted 4 weeks thereafter. Respondent husband shall pay Rs.1000/- to the appellant wife towards travelling and incidental expenses on each date she is required to attend the mediation, in presence of learned Mediator, JHALSA."

4. It appears that mediation between the parties has failed which was reported to this Court by JHALSA through letter dated 28th May 2018.

5. Mr. Mukesh Kumar Dubey, the learned counsel for the respondent is seeking adjournment to enable the respondent to explore the possibility of an amicable settlement of the dispute with his wife.

6. The learned counsels appearing for the parties have expressed the desire of the parties to take one more chance to explore possibility for final settlement of their dispute.

7. Accordingly, the parties are directed to appear before Mr. P. N. Singh, Mediator, JHALSA on 15th October 2022.

8. Let a report be submitted on or before the next date of hearing.

9. Post this matter on 16th November 2022.

10. In the meantime, both the parties are directed to file their respective affidavits in the format prescribed in "Rajnesh v. Neha" (2021) 2 SCC 324.

(Shree Chandrashekhar, J.)

(Ratnaker Bhengra, J.) RKM/Tanuj