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Judgment
MATA No.104 of 2023 and I.A. no.246 of 2023
Mr. Swain, learned advocate appears on behalf of appellant-husband. He submits, impugned is judgment dated 2nd March, 2023 of the Family Court, whereby the civil proceeding initiated by his client for dissolution of marriage was dismissed.
By intervention of family members during pendency of the appeal his client is ready to participate in mediation. Application being IA no.246 of 2023 has been filed for parties being referred to mediation centre of this Court.
Mr. Kumar, learned advocate appears on behalf of respondent-wife and submits, his client will participate in the mediation, if referred but cost of attending be paid to her. On query from Court Mr. Swain submits Rs.1,000/- per sitting his client will pay to respondent for attending the mediation sittings.
Mediation Act, 2023 has been published in the Gazette of India Extraordinary part II dated 15th September, 2023. However, we have not been shown the notification regarding coming into force of the Act. On perusal of it we do not find a bar to refer parties in a matrimonial appeal for mediation. It is also otherwise possible under section 89 in Code of Civil Procedure, 1908.
Parties are referred to mediation to be held in mediation centre of this Court. It is expected that differences between them can be resolved for their reconciliation. Appellant will pay Rs.1,000/- at every sitting of the mediation attended by respondent.
The appeal stands adjourned to 15th December, 2023, awaiting mediation report. Parties are at liberty to communicate this order to the mediation centre for commencing of the mediation.
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