Sandip Kumar Swain vs Madhusmita Bal
2023 Latest Caselaw 12429 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 MATA No.104 of 2023

            Sandip Kumar Swain                      ....            Appellant

                                                    Mr. A. Swain, Advocate
                                       -versus-

            Madhusmita Bal                          ....          Respondent

                                                    Mr. T. Kumar, Advocate
                    CORAM:
                                JUSTICE ARINDAM SINHA
                                JUSTICE SIBO SANKAR MISHRA
                                        ORDER

11.10.2023

MATA No.104 of 2023 and I.A. no.246 of 2023 Order No.

04. 1. Mr. Swain, learned advocate appears on behalf of appellant-

husband. He submits, impugned is judgment dated 2nd March, 2023 of

the Family Court, whereby the civil proceeding initiated by his client

for dissolution of marriage was dismissed.

2. By intervention of family members during pendency of the

appeal his client is ready to participate in mediation. Application being

IA no.246 of 2023 has been filed for parties being referred to

mediation centre of this Court.

3. Mr. Kumar, learned advocate appears on behalf of respondent-

wife and submits, his client will participate in the mediation, if

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referred but cost of attending be paid to her. On query from Court Mr.

Swain submits Rs.1,000/- per sitting his client will pay to respondent

for attending the mediation sittings.

4. Mediation Act, 2023 has been published in the Gazette of India

Extraordinary part II dated 15th September, 2023. However, we have

not been shown the notification regarding coming into force of the

Act. On perusal of it we do not find a bar to refer parties in a

matrimonial appeal for mediation. It is also otherwise possible under

section 89 in Code of Civil Procedure, 1908.

5. Parties are referred to mediation to be held in mediation centre

of this Court. It is expected that differences between them can be

resolved for their reconciliation. Appellant will pay Rs.1,000/- at every

sitting of the mediation attended by respondent.

6. The appeal stands adjourned to 15th December, 2023, awaiting

mediation report. Parties are at liberty to communicate this order to the

mediation centre for commencing of the mediation.

(Arindam Sinha) Judge

Signature Not Verified Digitally Signed Signed by: JYOTIPRAVA BHOL (S.S. Mishra) Reason: Authentication Judge Location: HIGH COURT OF ORISSA Date: 11-Oct-2023 17:20:41 Jyoti