Doulat Ram Bhagat vs Anupama
2021 Latest Caselaw 957 j&K

                                                                      Serial No. 23




         HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                         AT JAMMU

                                                            MA No. 138/2014
                                                             IA No. 482/2014

Doulat Ram Bhagat                                               ...Appellant(s)


                     Through:- Mr. Sunil Sethi, Sr. Advocate with
                               Ms. Priyanka Gupta, Advocate.

                            v/s

Anupama                                                     ....Respondent(s)

                      Through:- Mr. V. Bhushan Gupta, Advocate.



Coram:         HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE

                                       ORDER

1. In the instant appeal, judgment and decree passed by the Court of

learned Additional District Judge, (Matrimonial Cases) is under challenge

where under the decree of divorce of dissolution of marriage between the

appellant and respondent has been declined to the appellant by the trial

Court.

2. According to the learned counsel for the parties, the appellant as well

as the respondent are living separately for the last more than twenty years

and that there is a male child of the age of twenty years living with the

respondent herein.

3. Upon perusal of the record of the case, it prima facie appears that

there is no reason for the parties not to have a reconciliatory approach even

at this stage, after having lived separately for the last more than twenty

years.

4. Admittedly, the marriage between the appellant and the respondent is

intact and the male child of the age of 20 years cannot be divested of love

and affection of both the parents on account of the pendency of instant

proceedings.

5. In view of the peculiarity of the facts and circumstances of the case,

this Court desires to have a reconciliation/ mediation inter se the parties in

order to work out a settlement/reunion.

6. The desire of this Court is not being in essence opposed by the learned

appearing counsel for the parties.

7. According to the learned counsel for the parties, the matter for the

purpose of reconciliation may be placed before some experienced Mediator

who would make an attempt for reconciliation of the parties.

8. The counsel for the parties undertake to participate in the mediation

process to be undertaken and co-operate with the Mediator in this behalf.

9. Having regard to the aforesaid position, Mr. V.R. Wazir, Sr. Advocate

is requested to act as a Mediator in the matter and undertake the process of

mediation thereof for resolving differences/disputes inter se the parties.

10. Registry shall furnish a copy of this order to Mr. Wazir during the

course of the week and obtain his consent thereof. In the event, Mr. Wazir

expresses his consent for acting as a Mediator, the Registry shall forthwith

transmit the record of the case to Mr. Wazir, who may undertake mediation

thereafter and conclude the same as expeditiously as possible.

(JAVED IQBAL WANI) JUDGE

Jammu 24.08.2021 Renu

RENU BALA 2021.09.01 10:18 I attest to the accuracy and integrity of this document