Subrajit Paul vs Sumita Paul
2023 Latest Caselaw 4623 Gua

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GAHC010045882023




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

                                  Case No. : Mat.App./16/2023

            SUBRAJIT PAUL
            S/O LATE SHANKARSION, RESIDENT OF SALGANGA, PS UDHARBAND,
            DIST CACHAR, ASSAM



            VERSUS

            SUMITA PAUL
            D/O NIRANJAN DAS
            RESIDENT OF SALGANGA, PS UDHARBAND, DIST CACHAR, ASSAM



Advocate for the Petitioner   : SUSHMITA SENGUPTA

Advocate for the Respondent : MR B ACHARYYA




                                    BEFORE
                      HONOURABLE MR. JUSTICE SUMAN SHYAM
                    HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

                                            ORDER

15.11.2023 (Suman Shyam, J)

Mr. S. C. Biswas, learned counsel is present on behalf of the appellant. Mr. B.

Acharyya, learned counsel is present on behalf of the respondent.

This Mat. Appeal arises out of the judgment and order dated 09.02.2023 passed Page No.# 2/3

by the learned Principal Judge, Family Court, Cachar, Assam in connection with

F.C.(Civil) Case No.191/2017 dismissing the petition filed by the appellant

(husband) under section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955 seeking a

decree of divorce dissolving his marriage with the respondent (wife).

Mr. Biswas submits that the the respondent has been living separately since the

year 2016 and she is neither willing to come back and reside with the appellant

and nor is she willing to go for divorce thus, exposing his client to a precarious

situation causing enormous prejudice to the interest of the appellant.

Responding to the above, Mr. Acharyya, learned counsel for the respondent

submits that his client is willing to live with the appellant for the interest of the

children.

After hearing the submissions made by the learned counsel for both the sides,

we find that there are two minor children born out of the wedlock between the

appellant and the respondent and therefore, apart from the dispute between

the husband and wife, the future of the minor children is also of paramount

importance. Situated thus, this Court is of the opinion that even at this stage, an

attempt should be made to arrive at a negotiated settlement of the

matrimonial dispute by and between the parties by referring the matter to the

Gauhati High Court Mediation Center. The learned counsel for both the parties

have also agreed to such a recourse. As such, the consent of the learned

counsel for the parties would be treated to be the consent of their respective

clients for the purpose of referring the matter to the Gauhati High Court

Mediation Center.

Registry to, therefore, send the relevant records of this case to the Secretary of

the Gauhati High Court Mediation Center for doing the needful.

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Report from the Mediator be placed on record as expeditiously as possible but

not later than 60 days from the date of this order.

List this case accordingly.

                                          JUDGE                               JUDGE




Comparing Assistant