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Supreme Court - Daily Orders

Sujit Vasantrao Karad vs Rekha W/O Sujit Karad on 26 July, 2021

Bench: K.M. Joseph, S. Ravindra Bhat

     ITEM NO.1                         Court 12 (Video Conferencing)         SECTION IX

                                 S U P R E M E C O U R T O F       I N D I A
                                         RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C) No. 5894/2020

     (Arising out of impugned final judgment and order dated 11-03-2019
     in AFO No. 10/2019 passed by the High Court Of Judicature at Bombay
     at Aurangabad)

     SUJIT VASANTRAO KARAD                                              Petitioner(s)

                                                   VERSUS

     REKHA W/O SUJIT KARAD                                              Respondent(s)

     (FOR ADMISSION and I.R. and IA No.31411/2020-EXEMPTION FROM FILING
     C/C OF THE IMPUGNED JUDGMENT)

     Date : 26-07-2021 This matter was called on for hearing today.

     CORAM :
                           HON'BLE MR. JUSTICE K.M. JOSEPH
                           HON'BLE MR. JUSTICE S. RAVINDRA BHAT

     For Petitioner(s)
                                      Dr. R. R. Deshpande, AOR
                                      Mr. Prachiti Deshpande, Adv.
                                      Ms. Priyanka Deshpande, Adv.

     For Respondent(s)
                                      Mr. Subodh S. Patil, AOR

                            UPON hearing the counsel the Court made the following
                                               O R D E R

The petitioner is the husband of the respondent. He has filed petition seeking divorce under section 13 of the Hindu Marriage Act. The petitioner is aggrieved by the order by which the High Court has upheld the remand by the first Appellate Court by which it remanded the matter to the Signature Not Verified Digitally signed by Nidhi Ahuja Date: 2021.07.26 trial Court for giving opportunity to the respondent-wife. 16:28:36 IST Reason:

Dr. R. R. Deshpande, learned counsel for the 1 SLP (C) No. 5894/2020 petitioner, submitted that parties may make an attempt to solve the dispute through mediation and he submitted that mediation may be attempted at the Mediation Centre at the Aurangabad Bench of the High Court of Bombay. Mr.Subhodh S. Patil, learned counsel appearing on caveat, submits that the respondent is also amenable for an attempt to mediation at the Mediation Centre at the Aurangabad Bench of the High Court of Bombay. In such circumstances, we pass the following order:

(1) While upholding the impugned judgment, we would refer both the parties for mediation. Towards this, the parties will appear before the Mediation Centre at the Aurangabad Bench of the High Court of Bombay on 11.08.2021.
(2) We further direct that the impugned order shall be kept in abeyance for a period of three months. In case the mediation is unsuccessful, we make it clear that the impugned order will take effect after a period of three months.

Subject to the aforesaid, the special leave petition is disposed of.

Pending application stands disposed of.

            (NIDHI AHUJA)                             (RENU KAPOOR)
              AR-cum-PS                               BRANCH OFFICER



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