TOUFIQUE ALAM Vs. SHAHIDA KHATOON

JUDGEMENT

(1.) Appellant's prayer for confirmation of 'Talaqe-biddat' by pronouncement of three consecutive words 'Talaq-Talaq-Talaq' against his wife through Original Suit No. 175/2014 before the learned Principal Judge, Family Court, Hazaribag was dismissed by the impugned judgment dated 12.09.2018 and decree dated 19.09.2018. That is why, he has approached this Court in appeal.

(2.) As is usual practice, in conformity with the letter and spirit of the Family Courts' Act, 1984, this Court made endeavours for an amicable settlement of their matrimonial dispute by referring the parties for mediation vide order dated 04.11.2019 at Jharkhand State Legal Services Authority (JHALSA). Since appellant is working in B.S.F at forward location in Jammu & Kashmir, date for his appearance before the learned Mediator, JHALSA was fixed after taking his concurrence as he had to proceed on leave. Mediation failed. When the matter was taken up on the report of learned Mediator dated 26.11.2019, Respondent who was present in the Court expressed her willingness to go to her matrimonial home without any conditions. However, learned counsel for the appellant conveyed the inability of the appellant to accept her because of some apprehension. The apprehension appeared to be imaginary. This Court therefore adjourned the matter for two months giving them sufficient time to ruminate and come back with an offer to settle their matrimonial dispute through an amicable means. Since the appellant could not appear on the next date i.e. 10.02.2020 and the adjourned date 17.02.2020, matter was fixed for yesterday. Parties appeared, but deadlock continues. This Court requested the learned counsel Dr. H. Waris, who himself is a trained mediator, to make informal efforts for their reunion with the hope that some positive outcome would emerge from this exercise. However, learned counsel Dr. Waris informs this Court today that the appellant is unwilling to take her back. Both the parties are present today also. Efforts of learned counsel for both the parties are also appreciated in persuading the parties to reunite, but have proved in vain, till now.

(3.) Status of marriage between the parties continues to remain intact, in view of dismissal of the Original Suit No. 175/2014 by the learned Family Court, Hazaribag. Respondent has expressed her willingness to join matrimonial home and stay with the husband / appellant even at the place of his posting along with the child.