Jyotilal Singh vs Ushabala Devi
2022 Latest Caselaw 3860 Jhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           (Civil Appellate Jurisdiction)
                          First Appeal No. 25 of 2018

Jyotilal Singh                                                     ......Appellant
                                         Versus
Ushabala Devi                                                    ..... Respondent

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CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE RATNAKER BHENGRA

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For the Appellant : Mr. Birendra Kumar, Advocate For the Respondent : Mr. Dharmendra Kr. Maltiyar, Advocate

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st Order No. 21/ Dated: 21 September 2022

This First Appeal is directed against the judgment dated 22 nd November 2017 passed in Original Suit No. 24 of 2017.

2. In an application filed under section 22 of the Hindu Adoptions and Maintenance Act, 1956 the respondent claimed maintenance from the appellant on the ground that on death of her husband she was a claimant for compassionate appointment which claim she relinquished in favour of the appellant by filing an affidavit before the Steel Authority of India Limited.

3. The proceedings in this First Appeal disclose that the parties were directed to participate in the mediation exercise before JHALSA.

4. The order dated 08th September 2020 records that the mediation exercise before JHALSA was reported to have failed.

5. It has come on record that in Original Suit No. 24 of 2017, the appellant was directed to pay Rs. 6,000/- per month as monthly maintenance for the respondent.

6. This matter was taken up in the morning and at the request of Mr. Birendra Kumar, the learned counsel for the appellant for taking instruction from son of the appellant about possibility of an amicable settlement this matter was passed over.

7. Mr. Birendra Kumar, the learned counsel for the appellant after taking instructions from son of the appellant makes a statement in the Court that the appellant may offer a lump-sum amount once the provident fund amount is released in his favour.

8. On the request of Mr. Birendra Kumar, the learned counsel for the appellant, hearing of this First Appeal is adjourned for 18 th October 2022 to

enable the appellant to file an affidavit disclosing the amount of gratuity and other post retiral benefits received by him. The appellant shall also disclose the amount of provident fund as of now, which has been withheld by the employer.

(Shree Chandrashekhar, J.)

(Ratnaker Bhengra, J.) R.K./Tanuj