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Judgment
Mr. Pradhan, learned advocate appears on behalf of appellant-husband and submits, though his client filed the appeal being aggrieved by impugned judgment dated 22nd November, 2022 rejecting his client’s civil proceeding for dissolution of marriage, he has since had a change of mind and wants there be conciliation between him and his wife, for reunion.
Mr. Swain, learned advocate appears on behalf of respondent-wife.
On query from Court we have been told, the parties separated in year 2016 after having been blessed with a son and a daughter. Both the parties are residing at Sambalpur. In the circumstances, referring them for mediation to the High Court annexed Mediation Centre, as provided by substituted section 89 in Code of Civil Procedure on the substitution made by the Mediation Act, 2023 (section 59), will cause them hardship. Hence, we have recorded the husband’s change of mind for the wife to consider. We have ascertained, the wife did not ever lodge complaint against the husband under section 498A in Indian Penal Code, 1860 nor under the Protection of Women From Domestic Violence Act, 2005. We feel parties can be reunited.
Hearing of the appeal is adjourned. List on 13th December, 2023.
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