Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 4433 of 2018 Petitioner :- Dr. Amit Vishwakarma Respondent :- Smt. Manjula Vishwakarma Counsel for Petitioner :- Ranjit Saxena
Hon'ble Mahesh Chandra Tripathi,J.
Supplementary affidavit filed today is taken on record.
Petitioner-applicant is before this Court with a request to direct the Principal Judge, Family Court, Ghazipur to resolve the controversy in hand through Mediation and Reconciliation as per Section 9 of the Family Court Act, 1984.
Learned counsel for the petitioner submits that the marriage of the petitioner and the opposite party was performed on 28.11.2013. Due to some family dispute, the petitioner has filed Divorce Petition No. 42 of 2018 (Dr. Amit Vishwakarma Vs. Pramila Vishwakarma) which is pending in the Court of Principal Judge, Family Court, Ghazipur but the court has not initiated any reconciliation proceedings which are mandatory under the law. He further submits that the main power of Court to refer parties to ADR emanates from Section 89 of C.P.C. The Law Commission has drafted the "Civil Procedure Alternative Dispute Resolution and Mediation Rules 2003" to give effect to the power under Section 89. He further submits that under Rule 5(f)(iii) of aforesaid Rules 2003, even if, the parties do not agree, the Court can refer the matter for mediation wherein the Mediation Rules 2003 shall apply.
Heard learned counsel for the petitioner.
In the facts and circumstances of the case, without issuing notice to the opposite party, the writ petition stands disposed of with the observation, in case, such an application is moved by the petitioner with ten days from today for reconciliation of the dispute in Divorce Petition No. 42 of 2018, the Principal Judge, Family Court, Ghazipur will proceed on such application and in case reconciliation between the parties are feasible, the same may be referred to Mediation and Reconciliation Forum but certainly taking into account the response of the opposite party, namely Smt. Manjula Vishwakarma and thereafer may proceed on the merits of the case.
Order Date :- 30.7.2018 A.K.Srivastava