KARANJIV SINGH SETHI Vs. ESHWIN KAUR

JUDGEMENT

(1.) THE petitioner/husband is the respondent in a petition for divorce filed by the respondent herein, his wife. That petition was initially filed before the Family Court at Bandra, Mumbai. THE same has been transferred to the Family Court, Ernakulam vide order of the Supreme Court in Transfer Petition (Civil) No.31 of 2010. THE matter has now reached the Family Court, Ernakulam. THE same stands numbered as O.P.No.715 of 2010. This petition is filed by the petitioner for an early out of turn expeditious disposal of the said O.P. THEre are other connected matters also, it is submitted. In the course of submissions, the learned counsel for the petitioner as well as the learned counsel for the respondent Shri P.Jacob Varghese support the prayer. In fact the counsel submit that if an active effort is made for reference of the parties to a competent Mediator, there is every possibility that the matter can be settled between the parties amicably. THE counsel request that this Court may refer the parties for mediation. But we are not persuaded to do that as we may not be able to cope up with such requests if made in all cases. However, we are satisfied that specific directions can be issued to the Family Court, Ernakulam to actively pursue effort for settlement of the disputes by the parties harmoniously by intervention of the court, by counselling or by referring the parties to a Mediator. THE Family Court is at liberty to fix a convenient date to refer the parties for mediation or whichever course the Family Court deems fit and proper.

(2.) WITH specific directions to the Family Court that effort must be made to dispose of O.P.No.715 of 2010 as expeditiously as possible by settlement, if that option is there, or by a considered disposal at the earliest, this Original Petition is dismissed.