Hemlin Biswas Dadel vs Latare Toppo
2022 Latest Caselaw 3806 Jhar

        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     (Civil Appellate Jurisdiction)
                              FA No. 305 of 2017
Hemlin Biswas Dadel                                                   ......Appellant
                                     Versus
Latare Toppo                                                       ..... Respondent
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CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE RATNAKER BHENGRA

For the Appellant : Mr. Shekhar Prasad Sinha, Advocate For the Respondent : Mr. A.K. Sahani, Advocate Mr. Ajit Kumar, Advocate

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Order No. 11 /Dated: 20th September 2022

The husband is aggrieved of the judgment in Original Suit (MTS) No. 271 of 2017 by which the suit filed under section 10(ix) and (x) of the Divorce Act, 1869 has been dismissed.

2. The present First Appeal was filed on 30th October 2017 with defects.

3. The order dated 2nd July 2018 reflects that the learned counsels for the parties were directed to seek instructions whether there was any possibility of amicable settlement of the dispute between the parties.

4. On 9th July 2018, the following order was passed by this Court:

"Learned counsel for the appellant and the respondent both, on instruction furnished to them by the parties, submit that they are willing to explore the possibility of amicable settlement of their marital dispute through mediation before the matter be adjudicated on merits.

Accordingly, let both the parties appear before the learned Member Secretary, JHALSA on 18th July, 2018. On their appearance matter be placed before the learned Mediator for undertaking the exercise. The appellant-husband would pay a sum of Rs.500/- as traveling and incidental expenses to the respondent-wife on each and every date she is required to attend the mediation, in presence of the learned Mediator, JHALSA. A report be submitted four weeks thereafter about the outcome of the exercise.

Let the case be listed after six weeks along with the report."

5. It appears that mediation between the parties has failed which was reported to this Court by JHALSA through letter dated 14 th August 2018.

6. Mr. Shekhar Prasad Sinha, the learned counsel for the appellant is seeking adjournment to enable the appellant to explore the possibility of one

time settlement with his wife.

7. Previously also, Mr. Shekhar Prasad Sinha, the learned counsel for the appellant has made prayer for adjournment. It further appears that on 4 th January 2021 no one appeared for the parties.

8. Reluctantly, we adjourn hearing of this First Appeal for 17 th October 2022 to be taken up as the first matter.

(Shree Chandrashekhar, J.)

(Ratnaker Bhengra, J.) RKM/Tanuj