Jharkhand High Court
Churaman Mahto vs Mala Devi & Another on 4 February, 2020
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh, Kailash Prasad Deo
IN THE HIGH COURT OF JHARKHAND AT RANCHI
F.A No.141 of 2019
Churaman Mahto --- --- Appellant
Versus
Mala Devi & another --- --- Respondents
.......
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH HON'BLE MR. JUSTICE KAILASH PRASAD DEO For the Appellant : Mr. Pravin Kr. Rana, Advocate For the Respondents : Mrs. Kanchan Kumari, Advocate 06/04.02.2020 Learned counsel Mrs. Kanchan Kumari appears on behalf of respondent no.1 and undertakes to file vakalatnama by tomorrow. Let her name appear in the cause list, henceforth.
When we have proposed that parties should engage in mediation process, learned counsel for the respondent wife informs that respondent has incurred fracture of both limbs and she may take time to recuperate. Therefore, matter may be posted after 4 weeks, so that she can recover and be in a position to come to JHALSA, Ranchi for participating in the mediation proceedings.
In that view of the matter, list this case under the heading for orders in the week of 16th March 2020.
(Aparesh Kumar Singh, J.)
(Kailash Prasad Deo, J.)
A.Mohanty
IN THE HIGH COURT OF JHARKHAND AT RANCHI
F.A No.95 of 2019
Aditya Kunal --- --- Appellant
Versus
Smt. Ranjeeta Kumari --- --- Respondent
.......
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH HON'BLE MR. JUSTICE KAILASH PRASAD DEO For the Appellant : Mr. Pawan Kumar Pathak, Advocate For the Respondent : Mr. Rajesh Kumar, Advocate 08/04.02.2020 Respondent has entered appearance on notice through vakalatnama.
We have considered the submission of learned counsel for the parties on the point of delay of 46 days in preferring the instant appeal, for condonation of which I.A. No. 7714 of 2019 has been preferred.
On being satisfied with the grounds urged, delay is condoned. I.A. stands disposed of.
Learned counsel for the parties submits that an effort can be made for amicable resolution of the matrimonial dispute through mediation.
Accordingly, parties are directed to appear before the Member Secretary, JHALSA on 20.02.2020. Matter be placed before the learned Mediator, thereafter for undertaking the exercise. Appellant husband would pay a sum of Rs.2000/- as travelling and incidental expenses to the respondent wife on each date she attends the mediation, in presence of the learned Mediator. Parties are expected to cooperate in the exercise and attend the proceedings on each date fixed. If the parties are able to arrive at an amicable settlement, the terms and conditions thereof be jointly reduced in writing so as to avoid confusion in future. Let the outcome of the exercise be reported to this Court 5 weeks thereafter.
List this case on 7th April, 2020.
(Aparesh Kumar Singh, J.)
(Kailash Prasad Deo, J.)
A.Mohanty
IN THE HIGH COURT OF JHARKHAND AT RANCHI
F.A No.364 of 2018
Shaikat Ganguly --- --- Appellant
Versus
Tulika Ganguly --- --- Respondent
.......
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH HON'BLE MR. JUSTICE KAILASH PRASAD DEO For the Appellant : Mr. P.K. Mukhopadhyay, Advocate 07/04.02.2020 Undelivered registered cover has returned with an endorsement of the postal peon that respondent was found absent on two dates. Service report regarding ordinary process has also not returned.
Learned counsel for the appellant seeks to effect fresh service of notice on the present and correct address of the respondent.
Accordingly, let fresh notice be issued on the sole respondent under both process in the limitation matter (I.A. No. 9534 of 2019) as also on the main memo of appeal. Let the requisites etc. be filed within three weeks on the present and correct address of the respondent, failing which, this appeal shall stand rejected without further reference to the Bench. In case after verification, if the address indicated in the memo of the appeal is found to be one and same then requisites on that address be accepted by this office. Returned undelivered copy of the pleadings be utilized for the said purpose.
(Aparesh Kumar Singh, J.)
(Kailash Prasad Deo, J.)
A.Mohanty
IN THE HIGH COURT OF JHARKHAND AT RANCHI
F.A No.287 of 2018
Ratna Prabha --- --- Appellant
Versus
Pratyush Kumar Sinha --- --- Respondent
.......
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH HON'BLE MR. JUSTICE KAILASH PRASAD DEO For the Appellant : Mr. Deepak Kumar Dubey, Advocate For the Respondent : M/s P.K.Mukhopadhyay, Advocate 07/04.02.2020 Respondent has entered appearance on notice through vakalatnama.
There is a delay of 203 days in preferring the instant memo of appeal for condonation of which I.A. No. 2247 of 2019 has been filed by the appellant wife being aggrieved by the judgment and decree for restitution of conjugal rights. There is a divorce suit instituted subsequently being Original Suit No. 89 of 2019 before the court of learned Principal Judge, Family Court, Deoghar. There is a criminal case also pending between the parties. Respondent husband has been granted anticipatory bail with certain condition, which according to the learned counsel for the appellant, has not been complied. Extension of time has been sought in that matter by the respondent husband.
Be that as it may, on the point of condonation of delay on hearing the parties, we are satisfied with the grounds urged. Accordingly, it is condoned. I.A. stands disposed of.
Learned counsel for the parties submits that an effort can be made for amicable resolution of the matrimonial dispute through mediation.
Accordingly, parties are directed to appear before the Member Secretary, JHALSA on 18.02.2020. Matter be placed before the learned Mediator, thereafter for undertaking the exercise. Respondent husband would pay a sum of Rs.1000/- as travelling and incidental expenses to the appellant wife on each date she attends the mediation, in presence of the learned Mediator. Parties are expected to cooperate in the exercise and attend the proceedings on each date fixed. If the parties are able to arrive at an amicable settlement, the terms and conditions thereof be jointly reduced in writing so as to avoid confusion in future. Let the outcome of the exercise be reported to this Court 5 weeks thereafter.
List this case in the week of 30th March 2020 along with the report of the learned Mediator.
(Aparesh Kumar Singh, J.)
(Kailash Prasad Deo, J.)
A.Mohanty
IN THE HIGH COURT OF JHARKHAND AT RANCHI
F.A No.421 of 2018
Ajay Kumar Barnwal --- --- Appellant
Versus
Smt. Suv Laxmi Varati @ Doly Kumari --- --- Respondent
.......
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH HON'BLE MR. JUSTICE KAILASH PRASAD DEO For the Appellant : Mr. Sanjeev Thakur, Advocate For the Respondent : M/s Bhawesh Kumar, Ravi Kumar, Advocates 07/04.02.2020 Respondent has entered appearance on notice through vakalatnama.
We have considered the submission of learned counsel for the parties on the point of delay of 18 days in preferring the instant appeal, for condonation of which I.A. No. 9944 of 2019 has been preferred.
On being satisfied with the grounds urged, delay is condoned. I.A. stands disposed of.
Learned counsel for the parties submits that an effort can be made for amicable resolution of the matrimonial dispute through mediation.
Accordingly, parties are directed to appear before the Member Secretary, JHALSA on 19.02.2020. Matter be placed before the learned Mediator, thereafter for undertaking the exercise. Appellant husband would pay a sum of Rs.1300/- as travelling and incidental expenses to the respondent wife on each date she attends the mediation, in presence of the learned Mediator. Parties are expected to cooperate in the exercise and attend the proceedings on each date fixed. If the parties are able to arrive at an amicable settlement, the terms and conditions thereof be jointly reduced in writing so as to avoid confusion in future. Since the respondent has to come from Chaandan under Banka District, Bihar, learned Mediator, JHALSA would consider fixing the subsequent dates of mediation in close succession, however as per the convenience of the parties. Let the outcome of the exercise be reported to this Court 5 weeks thereafter.
List this case in the week of 7th April, 2020.
(Aparesh Kumar Singh, J.)
(Kailash Prasad Deo, J.)
A.Mohanty
IN THE HIGH COURT OF JHARKHAND AT RANCHI
F.A No.406 of 2018
Rakesh Kumar Singh --- --- Appellant
Versus
Reena Kumari @ Rina Kumari --- --- Respondent
.......
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH HON'BLE MR. JUSTICE KAILASH PRASAD DEO For the Appellant : Mr. Praveen Shankar Dayal, Advocate For the Respondent : Mr. Manish Mishra, Advocate 07/04.02.2020 Respondent has entered appearance on notice through vakalatnama.
The appeal suffers from delay of 81 days for condonation of which, I.A. No. 6309 of 2019 has been preferred. We have considered the submission of learned counsel for the parties on the point of condonation of delay and on being satisfied with the grounds urged, since the appellant was in judicial custody in connection with a criminal case instituted by the respondent, delay is condoned. I.A. stands disposed of.
Learned counsel for the parties submits that an effort can be made for amicable resolution of the matrimonial dispute through mediation.
Accordingly, parties are directed to appear before the Member Secretary, JHALSA on 12.02.2020. Matter be placed before the learned Mediator, thereafter for undertaking the exercise. Appellant husband would pay a sum of Rs.1000/- as travelling and incidental expenses to the respondent wife on each date she attends the mediation, in presence of the learned Mediator. Parties are expected to cooperate in the exercise and attend the proceedings on each date fixed. If the parties are able to arrive at an amicable settlement, the terms and conditions thereof be jointly reduced in writing so as to avoid confusion in future. Let the outcome of the exercise be reported to this Court 5 weeks thereafter.
List this case in the week of 30th March 2020.
(Aparesh Kumar Singh, J.)
(Kailash Prasad Deo, J.)
A.Mohanty
IN THE HIGH COURT OF JHARKHAND AT RANCHI
F.A No.375 of 2018
Dinesh Ekka --- --- Appellant
Versus
Mrs. Asrita Lakra --- --- Respondent
.......
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH HON'BLE MR. JUSTICE KAILASH PRASAD DEO For the Appellant : Mr. Hemant Kumar Shikarwar, Advocate For the Respondent : M/s Indrajit Sinha, Awinash Kumar, Advocates 06/04.02.2020 Respondent has entered appearance on notice through vakalatnama.
The appeal suffers from delay of 60 days for condonation of which, I.A. No. 1069 of 2019 has been preferred. We have considered the submission of learned counsel for the parties on the point of condonation of delay and on being satisfied with the grounds urged, delay is condoned. I.A. stands disposed of.
Learned counsel for the parties submits that an effort can be made for amicable resolution of the matrimonial dispute through mediation.
Accordingly, parties are directed to appear before the Member Secretary, JHALSA on 11.02.2020. Matter be placed before the learned Mediator, thereafter for undertaking the exercise. Parties are expected to cooperate in the exercise and attend the proceedings on each date fixed. If the parties are able to arrive at an amicable settlement, the terms and conditions thereof be jointly reduced in writing so as to avoid confusion in future. Let the outcome of the exercise be reported to this Court 5 weeks thereafter.
List this case in the week of 30th March 2020.
(Aparesh Kumar Singh, J.)
(Kailash Prasad Deo, J.)
A.Mohanty
IN THE HIGH COURT OF JHARKHAND AT RANCHI
F.A No.25 of 2019
Ravi Kant Prasad --- --- Appellant
Versus
Rukmini Devi --- --- Respondent
.......
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH HON'BLE MR. JUSTICE KAILASH PRASAD DEO For the Appellant : Mr. Naresh Prasad Thakur, Advocate 09/04.02.2020 Learned counsel for the appellant at the outset produced a copy of the order dated 28.01.2020 passed in A.B.A. No. 7497 of 2019 where under the appellant has been granted anticipatory bail on the specific ground that parties have willingly resumed their conjugal life and appellant has taken the opposite party no.2 wife to his house from the Court on that day itself and has assured to keep and maintain her with full dignity and honour as his lawful wife. In these circumstances, learned counsel for the appellant submits that there is no reason to press the present appeal which arises out of the judgment dated 27.08.2018 rendered in Original Suit No. 255 of 2015 by the learned Principal Judge, Family Court, Bokaro whereby the suit instituted by the respondent wife under Section 7 of the Guardians and Wards Act, 1890 regarding the minor children Akashdeep (son) and Barsha Rani (daughter) has been partly allowed by directing custody of the minor daughter Barsha Rani to the mother i.e., petitioner / respondent herein after completion of the present academic session. Apart from that, certain visitation rights were also provided to the parties. Thereafter the parties have united.
It is further submitted that in the execution case being Civil Misc. Case No. 06 of 2019 arising out of the guardianship suit, warrant of arrest has been issued upon him by Annexure-2 to I.A. No. 235 of 2020. Appellant has sought stay of the warrant in those circumstances through the instant I.A. filed on 10.01.2020.
Having heard learned counsel for the appellant and after having taken note of the subsequent development, we are of the view that there is no reason to adjudicate the present appeal on the issue of guardianship of the minor children.
It appears from the order dated 28.11.2019 passed in the said case, annexure-2 to the instant I.A. that the civil misc. case has been allowed ex parte in favour of the petitioner wife therein and office was directed to issue warrant against the respondent i.e., appellant herein. The warrant of arrest issued by the learned Principal Judge, Family Court, Bokaro in -2- Civil Misc. Case No. 06 of 2019 vide order dated 28.11.2019 has been rendered in-executable.
As observed hereinabove, the warrant of arrest should be returned to the Court concerned as it is no longer required to be executed in the aforesaid circumstances. Let the copy of order dated 28.01.2020 passed in A.B.A. No. 7497 of 2019 be kept on record. I.A. No. 235 of 2020 stands disposed of. Pending I.A. stands closed. Instant appeal is accordingly disposed of in the light of the settlement arrived at between the parties.
(Aparesh Kumar Singh, J.)
(Kailash Prasad Deo, J.)
A.Mohanty
IN THE HIGH COURT OF JHARKHAND AT RANCHI
F.A No.225 of 2019
Anil Kumar --- --- Appellant
Versus
Barsha Jaiswal --- --- Respondent
.......
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH HON'BLE MR. JUSTICE KAILASH PRASAD DEO For the Appellant :x For the Respondent : x 08/04.02.2020 Mediation has failed as per the report of the learned Mediator, JHALSA at Flag-S bearing letter no. 135 dated 21.01.2020 despite best efforts and endeavours of both the parties. Both the parties were present on all the dates.
Admit.
Call for the Lower Court Record in connection with Original Suit No. 494 of 2017 from the Court of learned Principal Judge, Family Court, East Singhbhum, Jamshedpur.
(Aparesh Kumar Singh, J.)
(Kailash Prasad Deo, J.)
A.Mohanty
IN THE HIGH COURT OF JHARKHAND AT RANCHI
F.A No.113 of 2019
Bijay Kumar Singh --- --- Appellant
Versus
Alka Singh --- --- Respondent
.......
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH HON'BLE MR. JUSTICE KAILASH PRASAD DEO For the Appellant : Mr. Vikas Kumar, Advocate For the Respondent : x 05/04.02.2020 Mediation has failed as per the report of the learned Mediator, JHALSA at Flag-S bearing letter no. 29 dated 07.01.2020 despite best efforts and endeavours of both the parties.
Admit.
Call for the Lower Court Record in connection with Original Suit No. 10 of 2018 from the Court of learned Principal Judge, Family Court, Koderma.
(Aparesh Kumar Singh, J.) (Kailash Prasad Deo, J.) A.Mohanty IN THE HIGH COURT OF JHARKHAND AT RANCHI F.A No.82 of 2019 Vishal @ Vishal Mishra --- --- Appellant Versus Pallawi Kumari --- --- Respondent .......
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH HON'BLE MR. JUSTICE KAILASH PRASAD DEO For the Appellant : Mr. Mukesh Kumar, Advocate For the Respondent : Mr. N.K.Sahani, Advocate 05/04.02.2020 Mediation has failed as per the report of the learned Mediator, JHALSA at Flag-Y bearing letter no. 144 dated 22.01.2020 despite best efforts and endeavours of both the parties. Both the parties were present on 07.11.2019 and 03.12.2019 but on the subsequent two dates 18.12.2019 and 09.01.2020 only the respondent was present and thereafter on 21.01.2020 both parties were absent.
Learned counsel for the respondent submits that cost of attending the mediation for two dates has not been paid, since the appellant was not present.
Learned counsel for the appellant assures that balance cost would be paid. Appellant is serving in the Army posted at Uttarakhand.
Admit.
Call for the Lower Court Record in connection with Original Suit No. 108 of 2015 / Title (Mat.) Suit No. 108 of 2015 from the Court of learned Principal Judge, Family Court, Bokaro.
Matter be posed in the last week of February, 2020 to show compliance of the payment of cost of mediation on two dates to the respondent wife.
(Aparesh Kumar Singh, J.)
(Kailash Prasad Deo, J.)
A.Mohanty
IN THE HIGH COURT OF JHARKHAND AT RANCHI
F.A No.328 of 2018
Subodh Kumar --- --- Appellant
Versus
Punam Kumari --- --- Respondent
.......
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH HON'BLE MR. JUSTICE KAILASH PRASAD DEO For the Appellant :x For the Respondent : Mr. Manoj Kumar Tamboli, Advocate 07/04.02.2020 Mediation has remained non-starter as per the report of the learned Mediator, JHALSA at Flag-A bearing letter no. 159 dated 22.01.2020, since the appellant was absent on all the dates.
Admit.
Call for the Lower Court Record in connection with Original Suit No. 226 of 2012 from the Court of learned Principal Judge, Family Court, Ranchi.
List this case under the heading for hearing as per its turn.
(Aparesh Kumar Singh, J.) (Kailash Prasad Deo, J.) A.Mohanty F.A.No.150 of 2018 06/04.02.2020 Issue notice upon the sole respondent under registered cover with A/D as well as under ordinary process for which requisites etc. must be filed within one week, failing which, this appeal shall stand rejected without further reference to the Bench.
(Aparesh Kumar Singh, J.)
(Kailash Prasad Deo, J.)
A.Mohanty
IN THE HIGH COURT OF JHARKHAND AT RANCHI
F.A No.67 of 2018
Santosh Kumar Ranjan --- --- Appellant
Versus
Shashi Kiran Devi --- --- Respondent
.......
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH HON'BLE MR. JUSTICE KAILASH PRASAD DEO For the Appellant :x For the Respondent : Mr. Anurag Kashyap, Advocate 14/04.02.2020 Learned Mediator, JHALSA has requested for extension of time through letter no. 2856 dated 27.11.2019, which is kept at Flag-B, since the next date for mediation is 23.03.2020. Both the parties were present on the previous date i.e., 23.11.2019.
In view of the request made, time for concluding the mediation exercise is extended by further 8 weeks. Let the outcome of the exercise be reported to this Court, thereafter. Matter be listed along with the report on 15.04.2020.
(Aparesh Kumar Singh, J.)
(Kailash Prasad Deo, J.)
A.Mohanty
IN THE HIGH COURT OF JHARKHAND AT RANCHI
F.A No.513 of 2018
Sourabh Jain --- --- Appellant
Versus
Sonal Jain --- --- Respondent
.......
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH HON'BLE MR. JUSTICE KAILASH PRASAD DEO For the Appellant : Mr. Indrajit Sinha, Advocate For the Respondent : Mr. Piyush Chitresh, Advocate 14/04.02.2020 Report of the learned Mediator, JHALSA bearing no. 220 dated 01.02.2020 is at Flag-P, which indicates that respondent was absent on 29.01.2020 and mediation could not be done in those circumstances.
Learned counsel for the appellant submits that anticipatory bail of the appellant and his parents have been rejected by the learned District & Sessions Judge, Hazaribag on 31.01.2020. He seeks an adjournment so that appellant could move this Court for anticipatory bail.
Learned counsel for the respondent would also inform this Court as to the date on which the respondent is going to be operated at Delhi.
Matter is adjourned till last week of February, 2020.
(Aparesh Kumar Singh, J.) (Kailash Prasad Deo, J.) A.Mohanty