Bhaskar Pareek vs Smt. Ankita Pareek
2022 Latest Caselaw 14263 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Review Petition No. 14/2022

Bhaskar Pareek S/o Late Shri Girdhari Lal Pareek, Aged About 40 Years, R/o Radhika Vihar, Flat No. 101, First Floor, Near H.p. Patrol Pump, Muhana Mandi Road Jaipur.

----Petitioner Versus Smt. Ankita Pareek D/o Shri Ashok Pareek, W/o Shri Bhaskar Pareek, R/o 70-Laxmi Nagar Haran Mangri, Section No. 8, Ward No. 22 Udaipur, Rajasthan .

                                                                ----Respondent


For Petitioner(s)         :    Mr. Ankit Bhati
For Respondent(s)         :    --



           HON'BLE MR. JUSTICE SANDEEP MEHTA
           HON'BLE MR. JUSTICE KULDEEP MATHUR

                                    Order

05/12/2022

This review petition is filed by the petitioner-husband

seeking review of the order dated 17.08.2022 passed in D.B.

C.M.A No.1093/2017: Bhaskar Pareek vs. Smt. Ankita Pareek by

this Court whereby, the civil misc. appeal preferred by the

appellant-husband was dismissed.

The petitioner-husband had preferred two appeals against

the common Judgment-cum-Decree dated 25.02.2017 passed by

learned Judge, Family Court, Udaipur whereby application

No.108/2015 filed by the respondent-Smt. Ankita Pareek under

Section 13 of the Hindu Marriage Act was accepted. The marriage

of the appellant and the respondent was dissolved and the

application No.37/2015 filed by the appellant-husband under

(2 of 3) [CRW-14/2022]

Section 9 of Hindu Marriage Act was dismissed. This Court vide

order dated 17.08.2022 dismissed the appeals filed by the

petitioner-husband by affirming the findings recorded by the

learned Judge, Family Court, Udaipur.

The present review petition has been filed seeking review of

common order dated 17.08.2022 passed in D.B. C.M.A

No.1093/2017: Bhaskar Pareek vs. Smt. Ankita Pareek.

Learned counsel appearing on behalf of the review petitioner

urged that the order under review was passed by this Court taking

note of the unsuccessful mediation proceedings, which took place

in the Mediation Centre, Rajasthan High Court Jodhpur on

11.02.2020 between the parties. Learned counsel submitted that

the mediation proceedings are strictly confidential and therefore,

the disclosure of the happenings of the mediation proceedings

destroy the confidentiality of the mediation process. For

strengthening the aforesaid contention, the counsel placed

reliance on the judgment of Hon'ble the Supreme Court in the

case of Moti Ram Tr. Lrs.& Anr vs Ashok Kumar & Anr reported in

(2011) 1 SCC 466.

Heard learned counsel for the petitioner and perused the

order dated 17.08.2022 which is under review.

Before proceeding further, we may take note of the fact that

an application dated 16.08.2022 (No.1/2022) was filed on behalf

of the respondent-wife in D.B. C.M.A No.1093/2017: Bhaskar

Pareek vs. Smt. Ankita Pareek for taking on record the facts

pertaining to alleged contemptuous and abusive conduct of the

petitioner-husband during the mediation proceedings in the

premises of Rajasthan High Court. This Court in its order dated

(3 of 3) [CRW-14/2022]

17.08.2022 has taken note of the aforesaid incident only to

indicate the unruly and unjustified behaviour of the petitioner. The

disclosure of the aforesaid happenings in the order under review in

no manner infringes the piousness and confidentiality of the

mediation proceedings.

Be that as it may, from the perusal of order dated

17.08.2022, it is apparent that this Court has recorded

independent observations to uphold the findings recorded by the

learned Judge, Family Court, Udaipur in its Judgment-cum-Decree

dated 25.02.2017 whereby application filed by petitioner-husband

for restitution of conjugal rights under Section 9 of the Hindu

Marriage Act was rejected while accepting the application filed by

respondent-wife under Section 13 of the Hindu Marriage Act on

the ground of cruelty.

In view of aforesaid discussion, we are of the firm view that

the order dated 17.08.2022 does not suffer from any error

apparent on the face of record and permitting the order to stand

would not lead to failure of justice.

In the result, the review petition is dismissed being devoid of

merit.

No order as to costs.

                                   (KULDEEP MATHUR),J                                       (SANDEEP MEHTA),J
                                    5-Ravi Kh/-









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