VIJAY KUMAR Vs. SADHNA MISHRA

JUDGEMENT

(1.) APPELLANT is the husband of the respondent. Respondent filed a divorce suit in the appropriate Court below. The appellant/plaintiff filed an application for restitution of conjugal rite. According to the appellant, his intention is to be looked into by the Court below. He further submitted before this Court through his learned Counsel that in fact the opposite party/respondent is inclined to continue with the conjugal rite with him but under the pressure of the parents suit was filed. If the matter is sent to the mediation centre for reconciliation the purpose will be subserved. However, we can be able to pass such order only when appeal is admitted by the High Court. But since we have not find the infirmity and not inclined to interfere with such prayer. Since the order of maintenance has been passed by the Court below under the order impugned dated 6.1.2007, the appropriate Court below is entitled to pass such order. Therefore, the appeal stands dismissed at the stage of admission. No order is passed as to costs.

(2.) HOWEVER , this order of dismissal will not debar either of the parties to avail the opportunity of reconciliation since we find the apparent genuinely in the submission on the part of the husband to live with his wife. Therefore, the appellant/plaintiff can approach to the Court below for sending the matter to the mediation centre formed under the supervision of the High Court for the purpose of reconciliation as a good gesture in the form of social justice before the end of a family.