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Judgment
B.S. Patil, J.—Office objection raised is overruled as there is no opposite party in these proceedings.
Petitioners are husband and wife. They are aggrieved by the order passed by the Family Court declining to refer the matter for mediation. In fact, the order dated 18.01.2011 reads that ''as the parties are not accompanied by the parents, the matter has to be adjourned and accordingly, the case is posted to 22.02.2011''.
The contention of the Petitioners is that they have filed a petition u/s 13(B) of the Hindu Marriage Act, seeking dissolution of their marriage by mutual consent. The marriage was solemnized on 07.02.2006. According to them, their marriage has, irretrievably broken down to such an extent that it is impossible for them to get along with each other and to live harmoniously as husband wife. Petition u/s 13(B) is filed on 14.07.2010.
Learned Counsel for the Petitioners submits that since six months have elapsed after presentation of the petition, Petitioners jointly made a request through their learned Counsel to refer the matter for mediation to the Bangalore Mediation Centre. But the learned Judge of the Family Court has declined to grant the request of the Petitioners, stating that the Petitioners are not accompanied by their parents. It is further contended by the learned Counsel for the Petitioners that if the matter is referred to mediation to Bangalore Mediation Centre, with the help of skilled mediators, Petitioners will be in a position to come to a amicable solution. He therefore submits that the court below may be directed to refer the matter for mediation.
The request made by the learned Counsel is just and reasonable. Both the parties are present before the Court. They are identified by the learned Counsel for the Petitioners who represent both of them. They also submit that they are willing to go before the Bangalore Mediation Centre and work out their remedies amicably.
In the light of the submission made by the Counsel for the Petitioners and the views expressed by the Petitioners themselves, I find it just and reasonable to refer the matter to Bangalore Mediation Centre, for mediation. The Court below is directed to send the matter tot he Bangalore Mediation Centre The parties are directed to appear before the Bangalore Mediation Centre on 19.02.2011 at 2.30 p.m. Accordingly, petition stands disposed of.
