Usha Devi vs Vijay Kumar
2023 Latest Caselaw 1455 Jhar

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             First Appeal No. 28 of 2022
       Usha Devi                                   ---          --- Appellant
                                         Versus
       Vijay Kumar                                   ---        --- Respondent
                                              ---

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

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             For the Appellant         :     Mr. Vikas Kumar, Adv.
             For the Respondent        :     Ms. Bharti Kaushal, Advocate
                                             Mr. Sharad Kaushal, Advocate

06/03.04.2023       Mediation failed as per the report of learned Mediator, JHALSA

bearing letter no.1008A dated 28.03.2023 on account of absence of the respondent for the last two out of three dates, though appellant wife was present.

Learned counsel for the respondent submits on instructions that due to some gap in communication the respondent could not attend mediation online from his place of duty in Assam where he is posted as a Naik in the Indian Army. However, he is ready and willing to attend mediation sittings online, if mediation exercise is extended for further period. Learned counsel for the respondent also states on instructions that the maintenance of Rs.4,000/- per month awarded in favour of the appellant by learned Family Court, Chatra is being paid regularly.

Learned counsel for the appellant submits that the cost of attending mediation for only one day has been paid and remains arrears for the last two dates. Respondent may be directed to make payment of arrears and also the current cost for attending mediation on the ensuing dates.

Having regard to the request made on behalf of the respondent, since the respondent has remarried after getting the decree of divorce passed by learned Family Court, Chatra vide impugned judgment dated 31 st August 2021 and the appellant is aggrieved by the decree of dissolution of marriage, we feel it proper to revive the mediation proceedings so that an amicable settlement of the matrimonial dispute may be found out between the parties if possible, on mutual terms and/or on payment of permanent alimony.

As such, let the parties approach the learned Member Secretary, JHALSA again on 8th April 2023 at 10.30 A.M. The appellant shall be attending mediation physically and the respondent through online mode as per the previous arrangement without fail. On their approaching, the matter be

placed before the learned Mediator, JHALSA to continue with the exercise. Both the parties shall cooperate in mediation proceeding with an open mind and attend each of the sittings. The respondent shall pay the cost for attending mediation for the last two dates and also for each date the appellant participates in the mediation proceeding, in the presence of learned Mediator, JHALSA.

Let a report be submitted about the outcome of the exercise by 28th April 2023. The matter be listed on 4th May 2023 along with the report.

(Aparesh Kumar Singh, J.)

(Deepak Roshan, J.) Shamim/