Sri Sudipta Nath vs Smt Mrinalini Sarkar
2021 Latest Caselaw 1156 Gua

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GAHC010048342019




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

                                 Case No. : Mat.App./21/2019

            SRI SUDIPTA NATH
            S/O- LATE INDRESWAR NATH, R/O- HOUSE NO. 17, SRI NAGAR, BYE LANE
            NO. 1, P.O. AND P.S. DISPUR, GUWAHATI- 781005, DIST.- KAMRUP(M),
            ASSAM.



            VERSUS


            SMT MRINALINI SARKAR
            W/O- SRI SUDIPTA NATH, D/O- SRI HARENDRA SARKAR, R/O- CHAKITUP,
            P.O. CHOTTA HAIBOR, DIST.- NAGAON, ASSAM, PIN- 782001.



Advocate for the Petitioner   : MR. U B SARMA

Advocate for the Respondent : MR. A SARMAH LEGAL AID COUNSEL




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

                                          ORDER

t24.03.2021

Suman Shyam, J.

Heard Mr. U. B. Sarma, learned counsel appearing for the appellant. We Page No.# 2/3

have also heard Mr. A. Sarmah, learned Legal Aid Counsel, appearing for the

respondent.

Aggrieved by the judgment and order dated 03.12.2018 passed by the

learned Principal Judge, Family Court No.2, Kamrup(M) at Guwahati in F.C.

(Civil) Case No.618/2015 dismissing the divorce suit filed by the petitioner, the

instant appeal has been filed.

After hearing the submissions of learned counsel for both the parties, it

appears that the difference between the parties hinges on an issue of trivial

nature, which, in our opinion, can be sorted out if an attempt is made to go for

negotiated settlement of the controversy. The learned counsel for both the

parties have also submitted in all fairness that this is a fit case which should be

referred to the Mediation Center of the Gauhati High Court for exploring the

possibilities of an amicable settlement of the dispute between the husband and

wife.

Taking note of the facts and circumstances of the case as well as the

submissions of learned counsel for both the parties, we are also of the opinion

that this matter should be sent to the Gauhati High Court Mediation Center.

Accordingly, we direct that the matter be referred to the Gauhati High

Court Mediation Center.

The Secretary of the Mediation Center shall take steps in accordance

with law for appointment of a trained Mediator and also for issuance of notice

requiring both the parties to remain present before the Mediation Center.

A report from the Mediator be placed before this Court within 60 days Page No.# 3/3

from the date of appearance of the parties.

The case may be listed accordingly.

                                         JUDGE              JUDGE


Comparing Assistant