Utpal Phukan vs Smti. Rubika Phukan
2021 Latest Caselaw 2723 Gua

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GAHC010268952017




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

                                 Case No. : Mat.App./28/2018

             UTPAL PHUKAN
             S/O LATE KRISHNA KANTA PHUKAN, R/O NO. 2 BORBIL, P.O. AND P.S.
             DIGBOI, DIST. TINSUKIA, ASSAM, PIN 786171



             VERSUS

             SMTI. RUBIKA PHUKAN
             W/O SRI UTPAL PHUKAN, R/O QUARTER NO. 1069 (C), CENTRAL DIGBOI,
             P.O. AND P.S. DIGBOI, DIST. TINSUKIA, ASSAM, PIN 786171



Advocate for the Petitioner   : MR. P J SAIKIA

Advocate for the Respondent : MR. N ZAMAN

BEFORE HON'BLE MR. JUSTICE SUMAN SHYAM HON'BLE MRS. JUSTICE MARLI VANKUNG

08-11-2021 Suman Shyam, J

Heard Ms. M. Kechi, learned counsel for the appellant. We have also heard Mr. A.

Ganguly, learned counsel representing the respondent.

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This appeal is directed against the judgment and order dated 12-09-2017 passed

by the learned Addl. District Judge- 2 (FTC), Tinsukia dismissing the suit filed by the

appellant seeking a decree of divorce.

Today when the matter was called up for hearing, Ms. Kechi has submitted that

although the earlier round of discussions for a negotiated settlement of the dispute

between the parties have ended in failure, yet, with the passage of time, her client has

changed his approach in the matter and is now ready and willing to take part in the

mediation process if the matter is referred for mediation by this Court.

Responding to the above, Mr. Ganguly submits that he has also received instruction

from his client that a negotiated settlement of the dispute between the parties can be

explored even at this stage.

Taking note of the submission of learned counsel for both sides and considering the

fact that both the parties are willing to explore the possibility of a negotiated settlement

of the dispute between them, with the consent of both the parties, we refer the matter to

the Gauhati High Court Mediation Centre (GHCMC). The Secretary, GHCMC may do the

needful for engaging a trained mediator.

The parties would appear before the Mediator on receipt of intimation about the

date of sitting.

A report from the Mediator be placed on record within 02 months of the first

sitting.

Let this matter be listed again after 03 months or as and when the report from the Page No.# 3/3

Mediator is received.

JUDGE JUDGE GS

Comparing Assistant