Sri Biswajit Barman vs Smti. Rubi Deka
2021 Latest Caselaw 662 Gua

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GAHC010155082019




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : Mat.App./29/2019

            SRI BISWAJIT BARMAN
            S/O- SRI BINAY BARMAN, R/O- PALLA ROAD, NALBARI TOWN, WARD NO.
            11, P.O. AND P.S. NALBARI, DIST.- NALBARI, ASSAM.



            VERSUS

            SMTI. RUBI DEKA
            W/O- BISWAJIT BARMAN, D/O- SRI BIPUL DEKA, R/O- PALLA ROAD,
            NALBARI TOWN, GOPAL BAZAR, WARD NO. 9, P.O. AND P.S. NALBARI,
            DIST.- NALBARI, ASSAM, PIN- 781335.



Advocate for the Petitioner   : MS. P BHATTACHARYA

Advocate for the Respondent : MR. P K ROY




                                    BEFORE
                       HONOURABLE MR. JUSTICE SUMAN SHYAM
                       HONOURABLE MR. JUSTICE MIR ALFAZ ALI

                                          ORDER

Date : 24-02-2021 Suman Shyam, J

This appeal is presented against the judgment dated 06-06-2019 passed by the learned

Principal Judge, Family Court, Nalbari in F.C.(C) No. 14/2019 granting decree of divorce Page No.# 2/3

dissolving the marriage between the appellant and the respondent, on a suit filed by the

respondent wife.

When this matter was taken up for hearing, Ms. P. Bhattacharjee, learned counsel

representing the appellant submits that her client is willing to live with the respondent as

husband and wife and considering the fact that they have a nine year old child, this

matter be referred to the Mediation Centre so as to explore the possibilities of negotiated

settlement of the dispute by and between the parties, before entering into the merit of

the appeal.

Mr. P.K. Roy, learned counsel for the respondent submits that although earlier attempts for

mediation between the parties have failed, yet, considering the concern expressed by the

appellant's counsel, his client would have no objection, if the matter is referred to the

Mediation Centre.

Considering the facts and circumstances of the case and the sensitive nature of issues

involved in this proceeding, we are of the view that one final attempt should be made to

arrive at a negotiated settlement of the dispute by and between the parties. We,

therefore, refer this matter to the Gauhati High Court Mediation Centre.

A copy of this order be sent to the Secretary, Gauhati High Court Mediation Centre for

doing the needful.

Since the learned counsel for the both the parties have undertaken to ensure presence of

their respective clients before the Mediation Centre, the date of appearance be intimated

to the parties through their respective counsel so as to avoid any undue delay in the Page No.# 3/3

matter.

Let this matter be listed before this Court again after 60 days or upon receipt of the

report of the Mediator, whichever is earlier.

                                  JUDGE                 JUDGE
GS




Comparing Assistant