Citation : 2025 Latest Caselaw 1087 Gua
Judgement Date : 16 July, 2025
Page No.# 1/2
GAHC010170372022
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Mat.App./29/2022
APU TUMUNG .
S/O MANESWAR TUMUNG
RESIDENT OF DAKHINGAON, KAHILIPARA, PO KAHILIPARA, PS DISPUR,
DIST KAMRUP M ASSAM
VERSUS
PRIYANKA BORO
D/O LATE KAMALESWAR BORO,
RESIDENT OF BORAGAON PO GANDHINAGAR, PS KHETRI, DIST KAMRUP
M ASSAM
Advocate for the Petitioner : MR. M A ISLAM, MR J ISLAM,MR J I MONDAL
Advocate for the Respondent : ,
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER
ORDER
16.07.2025 [Manish Choudhury, J]
Heard Mr. J. Islam, learned counsel for the appellant.
2. The instant appeal under Section 19 of the Family Courts Act, 1984 read with Section 28 of the Hindu Marriage Act, 1955 is preferred against a Judgment dated 28.06.2022 passed by the learned Principal Judge, Family Court no. III, Kamrup [M] at Guwahati in F.C.[Civil] Case no. 1131/2019 whereby the petition filed by the appellant-husband under Section 13[1] Page No.# 2/2
[ia] and [iii] of the Hindu Marriage Act, 1955 seeking dissolution of his marriage with the respondent-wife by a decree of divorce, has been dismissed.
3. On preferring the appeal, issuance of notice was ordered to the respondent-wife vide Order dated 09.09.2022. As per office note dated 26.05.2025, notice to the respondent sent by registered post with A/D has returned unserved with remarks, 'refused' and 'refused to sign'. By that as it may.
4. The appeal has been identified for inclusion in the cause-list under the heading "For referral to the Special Mediation Drive-Mediation 'For the Nation' list".
5. Mr. Islam, learned counsel for the appellant-husband has submitted that there exists an element for settlement.
6. Having regard to the issues involved, this Court is of the prima facie view that there exists an element for settlement.
7. The first date of mediation is fixed on 30.07.2025.
8. The Coordinator/Nodal Officer of the Mediation Centre shall ensure service of notice upon the respondent-wife so as to facilitate the mediation process.
9. For the purpose of further reference, the parties shall contact the Coordinator/Nodal Officer of the Mediation Centre, Mr. Joydev Koch, Mobile no. 7099063524, Email id - [email protected].
10. List the appeal on a date after 30.07.2025 for a report as regards the mediation process.
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