AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
9 paragraphs · 369 wordsLearned counsel Mr. Bhaskar Trivedi enters appearance on behalf of the respondent and undertakes to file vakalatnama during course of the day. He is permitted to do so. Let his name be reflected in the cause list, henceforth for the respondent.
The Office has pointed at a delay of 36 days counting the period of limitation as 30 days under Section 19(3) of the Family Courts Act, 1984. However, since the appeal arises out of a suit instituted under the Hindu Marriage Act, 1955, the appeal would be governed by the period of limitation of 90 days in terms of Section 28(4) of the Hindu Marriage Act, 1955 in view of the order dated 16.12.2020 passed by this Court in F.A. No. 49 of 2019. As such, there is no delay. I.A. No. 5439 of 2020 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.
In deference to the request made by the parties and in the spirit of the Family Courts Act, 1984 let the parties appear before the learned Member Secretary, JHALSA on 27.03.2023 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. Since both the appellant and respondent have to come from outstation i.e., Bihar and Delhi respectively, if it suits the parties, mediation at the first instance may be held on successive dates. 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.