Suman Kumari vs Sanjay Kumar
2023 Latest Caselaw 1872 Jhar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   (Civil Appellate Jurisdiction)
                       First Appeal No. 87 of 2022
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1. Suman Kumari

2. Naresh Saw

3. Rupesh Kumar

4. Dinesh Kumar ... Appellants Versus Sanjay Kumar ... Respondent

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

For the Appellants : Mrs. Prema Jhunjhunwala, Advocate For the Respondent : In-Person

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Order No. 6 /Dated: 2nd May 2023 I.A No. 10806 of 2022 This interlocutory application has been filed by the appellants seeking stay of the execution of the judgment dated 26 th July 2022 and decree dated 10 th August 2022 passed in Original (Guardianship) Suit No. 05 of 2016.

Notice.

The respondent appears in-person and waives service of notice.

First Appeal No. 87 of 2022 The dispute between the appellant no.1 and her husband is raging since 2011.

There have been series of cases filed by the parties against each other. Even this custody case had come to this Court on a previous occasion.

The husband of the appellant no.1 is a qualified doctor posted at RIMS, Ranchi.

The appellant no.1 is also educated but staying with her parents at Mirzaganj in the district of Giridih, allegedly since 12 th July 2014.

In First Appeal No. 56 of 2020, this Court remanded the matter back to the Family Court to decide the issue of shared parenting, joint custody and guardianship of the minor children

Deepanshu Darshan and Shreya.

It further appears that the previous efforts at Mediation and Conciliation have failed and the parties could not arrive at a mutual settlement.

However, there is always a glimmering ray of hope that two human beings would some day realise and understand each other's problem to come to a reasonable, viable and acceptable settlement of their dispute.

Somewhere it is well said that the Mediators are the messengers of God.

With the aforesaid in the back of our mind, we have decided to send this matter for undertaking Mediation and Conciliation efforts.

With the agreement of the learned counsel for the appellants and the respondent-in-person, Mr. Ajit Kumar, the learned Senior counsel who has been a former Advocate General for the Government of Jharkhand is requested to act as a Mediator.

It is the understanding at Bar that both parties shall endeavour to reach at an amicable solution for their and the children's future life including a possibility of divorce through mutual consent.

We would request the learned Mediator to hold a preliminary meeting with the appellant no.1 and the respondent on 13th May 2023 at his office the address of which shall be communicated by Mrs. Prema Jhunjhunwala, the learned counsel for the appellants to Dr. Sanjay Kumar who is the respondent in the present proceeding.

Post this matter on 19th May 2023.

(Shree Chandrashekhar, J.)

(Ratnaker Bhengra, J.)

Amit