FA/53/2019
2023 Latest Caselaw 2004 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

        THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                               AND
            THE HON'BLE SRI JUSTICE ALOK KUMER VERMA



                   FIRST APPEAL NO. 53 OF 2019


                            1st AUGUST, 2023


Between:

Kuljeet Kaur                                   ......        Appellant

and

Khem Singh Chawla                              ......      Respondent


Counsel for the appellant        :   Mr. Chandra Prakash, learned
                                     counsel holding brief of Mr. Karan
                                     Anand, learned counsel

Counsel for the respondent       :   Mr. Priyanshu   Gairola,   learned
                                     counsel



The Court made the following:

ORDER: (per Hon'ble The Chief Justice Sri Vipin Sanghi)



             This matrimonial appeal is pending since 2019.


2.           By the impugned judgment, the Family Court

has granted divorce to the respondent-husband under

Section 13 of the Hindu Marriage Act. The parties were

married in the year 2004, and they separated in the year

2006.     The parties have a son, who was born in 2006,

and is in the custody of the appellant-wife.
                                2




3.           Learned counsels submit that the parties are

agreeable to explore the possibility of a mediated

settlement.        The    present   case   has    elements   of

settlement. The counsels have provided the particulars

of their respective clients, so that they can be contacted,

which are as follows :


      Name          -    Khem Singh Chawla

      Mobile Nos. - 9897125931, 8218065858

      e-mail ID     -         --

      Name          -    Kuljeet Kaur

      Mobile No. -       7494937796

      e-mail ID     -         --



4.           Accordingly, we refer the parties to mediation

under the MOU dated 14.04.2023, entered into with

Delhi High Court Mediation and Conciliation Centre

(SAMADHAN). Mr. Vinod Tiwari, who is empaneled with

the Uttarakhand High Court Legal Services Committee, is

appointed as the Co-Mediator. The parties and the Co-

Mediator shall appear before the Mediation Centre

attached to the Court, and present themselves before

the Secretary, High Court Legal Services Committee,

who has been appointed the Nodal officer by this Court

in   terms    of   its   Standard   Operating    Procedure   for

conducting mediations dated 22.07.2023.
                                    3




5.           The parties shall also inform the Nodal Officer

whether       they     would       join    the      online   mediation

proceedings from their own place of residence / office,

through their own computer device (including the smart

phone), or; whether they would join the proceedings on

the appointed date and time from the Mediation Centre

attached to this Court, or any District Court. The Nodal

Officer shall communicate to SAMADHAN the particulars

of     the   case    fixed   for       mediation,     and    shall   also

communicate to the Co-Mediator appointed by this

Court, the particulars of the case, and the parties.


6.           To     await    the    outcome      of    the   mediation

proceedings, list on 26.09.2023.


7.           On the next date, the parties should remain

present before the Court.



                                                 ________________
                                                 VIPIN SANGHI, C.J.



                                            _________________
                                           ALOK KUMAR VERMA, J.

Dt: 1ST AUGUST, 2023 Negi