PRIYANKA PATHAK Vs. SHRAVAN SATYANARAYAN TIWARY
LAWS(JHAR)-2020-2-25
HIGH COURT OF JHARKHAND
Decided on February 19,2020

Priyanka Pathak Appellant
VERSUS
Shravan Satyanarayan Tiwary Respondents

JUDGEMENT

- (1.) Heard learned counsel for the parties.
(2.) Appellant-wife being aggrieved by the dismissal of Original Suit No. 241 of 2017 vide judgment dated 9th July, 2018 and decree dated 23rd July, 2018 rendered by learned Principal Judge, Family Court, East Singhbhum at Jamshedpur, whereunder her prayer for dissolution of marriage was declined, preferred this appeal.
(3.) After appearance of the respondent, it was conveyed from his side that he would have no objection for dissolution of marriage. Both the parties accordingly appeared yesterday pursuant to the order dated 12th February, 2020. The order dated 18th February, 2020 reads as under: "Both the parties are present today pursuant to the order of this Court dated 12.02.2020. Appellant has come along with her son Abhiraj, aged 8 years and her parents also. Learned counsel for the parties, however, are not present today. However, on interaction with the parties in open court, both the parties have expressed their willingness to separate in an amicable manner. The appellant has declined any offer of alimony. She has stated that she would have the custody of the child and is capable to rear him up. Respondent husband has no objection to the custody of the child with the mother. However, he has insisted upon visitation rights at least once in 03 months to be exercised wherever the minor is living. However, the appellant has requested that the visitation rights may be exercised at a neutral place instead of her place of residence. Parties have expressed their desire to draw the terms and conditions of the settlement of their matrimonial dispute through mediation. Apparently there appears to be no area of dispute but still the terms and conditions of their amicable settlement needs to be drawn in a smooth manner which can be done in presence of the learned Mediator at JHALSA. Accordingly, parties should appear before the Member Secretary, JHALSA today at 1.00 P.M. Matter be placed before the learned Mediator, JHALSA to undertake the exercise and facilitate them in drawing the terms and conditions of their settlement. In case the settlement is arrived at during course of the day, a report to that effect be submitted before this Court by tomorrow. If the parties are able to draw a settlement containing their mutual terms and conditions for their separation, let a joint application be filed by them tomorrow. Let the matter be listed tomorrow i.e., 19.02.2020. Parties should remain present tomorrow. However the child need not be present as it is informed that his exams are commencing from tomorrow at Jamshedpur. Let copy of the order be communicated to the learned Member Secretary, JHALSA forthwith and also telephonically." ;


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