Jharkhand High Court
Neha Neelima Ekka vs Abhishek Rohit Khalkho on 8 December, 2020
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh, Anubha Rawat Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
F.A. No. 02 of 2020
Neha Neelima Ekka --- --- Appellant
Versus
Abhishek Rohit Khalkho --- --- Respondent
.......
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY Through Video Conferencing For the Appellant : Mr. Awinash Kumar, Advocate For the Respondent : Ms. Priyanka Bobby, Advocate 06/08.12.2020 Heard learned counsel Mr. Awinash Kumar for the appellant and Ms. Priyanka Bobby for the respondent on the prayer for condonation of delay of 141 days in preferring the instant memo of appeal, made through I.A. No. 3858 of 2020.
Appellant wife is aggrieved by the judgment dated 08.07.2019 and decree dated 20.07.2019 passed in Original Suit No. 562 of 2018/ Original Suit No. 365 of 2017 ( Bokaro) by the court of learned Principal Judge, Family Court, Ranchi whereby the suit instituted by the petitioner / respondent herein under Section 10(vii)(x) of the Divorce Act, 1869 has been decreed by granting divorce in favour of the petitioner husband / respondent herein.
Learned counsel for the appellant wife contends that the impugned judgment was not timely communicated by her counsel and after having procured, she undertook steps to contact her counsel in the High Court. The appeal was drafted and ultimately filed on 07.01.2020. Appellant was undergoing financial crisis and was not able to incur expenses in filing appeal.
There is opposition to the prayer by learned counsel for the respondent.
Having considered the submission of learned counsel for the parties and the grounds urged in instant I.A., delay is condoned. I.A. stands disposed of.
Let the parties participate in the mediation process for amicable settlement of the matrimonial dispute before adjudicating it on merits. Accordingly, parties are directed to approach the learned Member Secretary, JHALSA on 16.12.2020 between 10.00 a.m. to 1.30 p.m. for commencing the mediation online. Learned Member Secretary, JHALSA can be approached on the following numbers:
-2-1. 0651-2482392
2. 8986601912 On their approaching, learned Member Secretary, JHALSA would place the matter before the learned Mediator, JHALSA for undertaking mediation. Parties may indicate beforehand to the learned Member Secretary, JHALSA whether they want to join mediation exercise physically or through online. Since the appellant wife is from Ranchi, she can very well join the mediation physically. It is open for the respondent husband, who is stationed at Bokaro, to either join mediation physically or request the Member Secretary, JHALSA to permit him to join mediation online. In case, he makes such a request for availing facility at concerned D.L.S.A., Bokaro for joining online, he should do so beforehand so that proper arrangement may be made on the date on which proceedings are to be held.
Parties are expected to cooperate in the mediation process and attend each of the sittings. Needless to say, if the parties are able to arrive at an amicable settlement, terms and condition thereof be reduced in writing and be submitted along with the report, 4 weeks thereafter.
Matter be listed in the week of 18th January, 2021 along with the report.
((Aparesh Kumar Singh, J.) (Anubha Rawat Choudhary, J.) A.Mohanty