Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5177 of 2018 Petitioner :- Raj Kumar Respondent :- Smt. Meera Counsel for Petitioner :- Pradeep Kumar Hon'ble Mahesh Chandra Tripathi,J. Heard learned counsel for the petitioner.
The petitioner is before this Court assailing the order dated 4.8.2017 passed by Family court/ Addl. Sessions Judge/ Fast Track Court-II, Maharajganj in Misc. Case No.49 of 2016 (Raj Kumar v. Smt. Meera).
The Court has proceeded to examine the record in question and does not find any infirmity or illegality in the order impugned so as to make interference under Art.227 of the Constitution of India.
Once the Court has declined to interfere in the matter, learned counsel for the petitioner has contended that the petitioner is ready for conciliation and as such the court below may be directed to initiate 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.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the issue, the writ petition stands disposed of with observation that in case any such application for reconciliation and mediation is moved before the court concerned, the court would make an effort for reconciliation. In case the reconciliation fails, the matter may be proceeded on merits.
Order Date :- 30.7.2018 SP/