APARNA MEHTA KAPUR Vs. STATE OF U. P.

JUDGEMENT

(1.) By this writ petition under Article 32 of the Constitution of India, the petitioner-wife seeks directions to: (i) respondent No. 2-husband to settle all the pending matters amicably in the interest of the minor child, petitioner No. 2 herein and (ii) the Civil Judge (Sr. Division), Gautam Budh Nagar. Noida to dispose off matrimonial Case No. 637/2005 Aparna Mehta Kapur v. Sanjay Kapur expeditiously.

(2.) Although having regard to the nature of the reliefs prayed for by the petitioners, perhaps this petition was not the proper remedy but realising that dismissal of the petition would result in procrastination of great strain to the spouses because of pendency of several cases against each other and the trauma their 13 year old daughter was going through, we entertained the petition.

(3.) However, since petitioner No. 1 was appearing in person, we requested Ms. Kamini Jaiswal, Advocate to assist us in the matter. While issuing notice to the respondents on 11th August, 2008, it was directed that respondent No. 2 (Husband) shall remain present in Court on the next date of hearing. When the matter was taken up for consideration on 29th September, 2008, it was felt that it would be appropriate if the case is referred to the Mediation Centre at Delhi High Court and an attempt is made to resolve the disputes between the parties.