IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.56 of 2010 PRAMILA DEVI Versus HARI SHANKAR SAH -----------
49 27-6-2011 Both the parties are personally present in Court. The court
below has allowed prayer of the respondent-husband by awarding
decree of divorce. The alimony is only by way of continued payment of
maintenance amount to the appellant and her two daughters, namely,
Reena Kumari and Rita Kumari. The maintenance amount remaining
due for three months is to carry nine percent interest per annum. As
indicated earlier the parties are living separately for more than a decade.
This Court wanted the parties to come to an amicable settlement so
that, if possible, the parties may jointly make efforts and arrange for
marriage of their elder daughter, who was born in 1983, and thereafter
they may take care of the marriage of second daughter, who was born in
1986. The appellant is naturally keen that respondent, who is an
Engineer in the service of State of Bihar , should help her in negotiating
the marriages , and meet whatever expenses are necessary. It is a matter
of satisfaction that the respondent has shown willingness to provide all
possible help in arranging marriages and to meet the reasonable
expenses as may be within his means.
In our view, it is important that the respondent, who is
presently serving at Madhubani, meets the appellant to find out the ways
and means for marriage, and take the required steps. For this as per his
convenience, he should indicate the date of meeting through a mediator
to whom the matter is being referred .There should be at least one
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meeting every month and in this process a trained mediator shall extend
all facilities. The matter is, therefore, sent to Patna High Court
Mediation Centre. In the special circumstances of the case we permit the
medication proceeding to continue for six months, and thereafter a
report should be submitted by the Mediator.
Let this matter be listed under the same heading after six
months.
A copy of this order should be sent to the Incharge of the
Patna High Court Mediation Centre, and the parties are directed to
appear in the Mediation Centre tomorrow, so that the proceeding
commences before the Mediator allotted with the matter, and the parties
may know the next date on which they should appear before the
Mediator.
( Shiva Kirti Singh, J.)
(Vijayendra Nath, J.)
Naresh