Sarita Kumari vs Raj Kishore Sharma
2023 Latest Caselaw 1153 Jhar

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       First Appeal No. 27 of 2022
     Sarita Kumari                                 --- --- Appellant
                                   Versus
     Raj Kishore Sharma                            --- --- Respondent

                                          .......

CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH HON'BLE MR. JUSTICE DEEPAK ROSHAN For the Appellant : Mr. Kumar Vaibhav, Advocate For the Respondent : Mrs. Haripriya Kumari, Advocate

05/16.03.2023 Heard learned counsel for the parties on the prayer for condonation of delay of 260 days in preferring the instant memo of appeal, made through I.A. No. 7301 of 2022.

Learned counsel for the appellant submits that appellant lady is a rustic villager, who could not contest the suit, which was decreed ex parte. Thereafter steps have been taken for preferring this appeal after arrangement of papers and certified copy of the impugned judgment and decree. Since, it is a matrimonial dispute and marriage between the parties have been dissolved by the learned Family Court, Bokaro without any contest on the part of the respondent-wife in an ex parte proceeding, therefore, if delay is condoned, case can be properly decided on merits as the appellant has good ground to succeed.

Learned counsel for the respondent has opposed the prayer. It appears on consideration of submission of learned counsel for the parties that appellant could not contest the suit and it has been decreed ex parte and thereafter time has been consumed in preferring the appeal. Appellant is a rustic lady and the matrimonial dispute is subsisting. As such, in the interest of justice delay is condoned. I.A. No. 7301 of 2022 is disposed of.

Learned counsel for the parties agree that an effort for amicable settlement of the matrimonial dispute may be explored at the appellate stage at JHALSA. Appellant is living at her parental home at Chapra, Bihar whereas the respondent is residing at Bokaro.

In that view of the matter, let the parties appear before the learned Member Secretary, JHALSA on 25.03.2023 at 10.30 a.m. Learned Member Secretary, JHALSA can also be approached on the following number:

Cell No.8986601912 Landline No. 0651-2482392

On their appearance, matter be placed before the learned Mediator, JHALSA for undertaking the exercise. Mediation at the first instance may be held on successive dates since appellant has to come from the neighbouring State. Subsequent dates for mediation may be fixed as per the convenience of the parties. Parties should attend the mediation proceedings with an open mind and attend each of the sittings.

Respondent Husband shall pay a sum of Rs.2000/- to the appellant wife towards travelling and incidental expenses on each date she participates in 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.

List this case in the week of 08.05.2023 along with the report.

(Aparesh Kumar Singh, J.)

(Deepak Roshan, J.) A.Mohanty