Punam Kumari vs Bansidhar Singh

Heard learned counsel for the appellant Mr. Rohit Ranjan Sinha and Mr. Manish Kumar for the Respondent on I.A. No. 4546/2020 seeking

condonation of delay of 300 days, as pointed out by the office, in preferring the instant Memo of Appeal.

Learned counsel for the appellant submits that due to financial constraints, appellant who is a lady maintaining two children and substantially

dependent upon her parents, could not prefer the appeal within time. However, there are no deliberate intentions. Appellant would suffer irreparably, if

the delay is not condoned. Learned counsel for the appellant submits that the limitation period, as prescribed under section 28(4) of Hindu Marriage

Act, 1955 i.e. 90 days, may be reckoned in view of the order passed by this Court in First Appeal No. 49/2019 dated 16.12.2020. Therefore, the delay

would not be 300 days but 60 days less. Therefore, delay may be condoned in view of the explanation urged.

Learned counsel for the Respondent has opposed the prayer.

However, on consideration of the submissions of the learned counsel for the parties and explanation urged and also reckoning the period of

limitation as 90 days in terms of section 28(4) of Hindu Marriage Act, 1955 in view of the order passed by this Court in First Appeal No. 49/2019

dated 16.12.2020, delay is condoned. I.A. No. 4546/2020 stands disposed of.

Learned counsel for the parties agree that an effort for amicable settlement of matrimonial dispute through mediation can be made at this appellate

stage instead of adjudication on merits in the first place. Appellant stays at Odisha while Respondent stays in Ranchi. Learned counsel for the

appellant seeks liberty for joining mediation on-line by the appellant from her location at her own facilities.

Accordingly, let the parties approach the learned Member Secretary, JHALSA on 12th January 2021 between 1.00 am to 1.30 pm at the following

cell / phone numbers.

Cell No. 8986601912

Landline no. 0651-2482392

Respondent may appear physically before the learned Member Secretary, JHALSA on the same date and time slot. On their appearance, matter be

placed before the learned Mediator, JHALSA for undertaking the exercise. Parties are expected to cooperate and attend each of the sittings. If they

are able to arrive at an amicable settlement, terms and conditions thereof be jointly reduced in writing and be submitted along with the report four

weeks thereafter.

Matter be listed in the week of 22nd February 2021 along with the report.