BHAVANA RAMAPRASAD Vs. YADUNANDAN PARTHASARATHY

JUDGEMENT

(1.) This writ petition was filed by the petitioner wife, being aggrieved by the order dated 06.08.2014 passed in

(2.) Brief facts of the case are that, following the Hindu Vedic rites, the marriage of the petitioner and the respondent was solemnized on 27.06.2013, at Nijaguna Kalyana Mantapa, Basavanagudi, Bangalore. The marriage was also registered. The respondent husband, through his power of attorney holder, filed on 11.03.2014, in the Family Court, Bangalore, M.C.No.1163/2014, under S.12(1)(c) of the Hindu Marriage Act, 1955 (for short, 'the H.M. Act') to pass a declaratory decree that the marriage is null and void ab-initio. Petitioner having entered appearance on 18.06.2014, filed a memo on 23.07.2014, to refer the case for mediation, by placing reliance on the decision in AFCONS INFRASTRUCTURE LTD. AND ANOTHER Vs. CHERIAN VARKEY CONSTRUCTION CO.(P) LTD. AND ORS., 2010 8 SCC 24. The Family Court Judge, having briefly noticed the facts of the case, passed the impugned order. The relevant portion reads thus:

(3.) Sri A. Ravishankar, learned advocate, severely criticised the impugned order and argued that the Judge of the Family Court committed serious error in holding that the case is not fit for reference to mediation. He contended that the impugned order is a mindless order. He submitted that the clear statutory mandate and the object and purpose of S.9 of the Family Courts Act, 1984 (for short 'the Act'), has been negated, since there is virtual encouragement of litigation between the estranged spouses. He contended that the entire approach of the Judge, to the case, is in utter breach of the relevant statutory provisions. He submitted that the impugned order suffers not only from procedural irregularities, but also legal infirmities and is not a judicious order. Submission of the learned advocate is that the impugned order being in violation of the relevant provisions of the Act, H.M. Act & the Code of Civil Procedure (for short 'the Code'), is liable to be quashed.