RAHUL SOOD Vs. APARNA SOOD

JUDGEMENT

(1.) A perusal of the orders recorded by the Court below, respectively on 23.4.2016, and, on 4.1.2018, make a vivid display, of the learned Court below, refusing to refer the lis inter-se the parties at contest, for its amicable settlement, through the aegis of Mediator, only, on anvil of the respondent herein, portraying her refusal. The refusal, if any, meted by the respondent herein, to, amicably settle the lis, with, the petitioner herein/her husband, was, not a sufficient ground to prevail upon the learned Court below to hence refuse the proposal, made, by the petitioner herein, for referring the matter to the learned Mediator, for its amicable settlement therebefore. The very purpose of the disputes being resolved, through the mechanism of mediation, is, to ensure that the parties at contest, in, an informal atmosphere, and, through the aegis of the mediator, are, enabled to blunt their acrimonies, and, to also relent from their hardened postures. Therefore, it was not befitting for the learned Court, below, to merely, for, the apposite refusal on the part of the respondent herein, hence decline, to strive for an amicable settlement inter-se the parties at lis, through, the aegis of the learned Mediator concerned.

(2.) In view of the above, the impugned orders are quashed and set aside. The learned trial Court is directed to within a period of three weeks, appoint a learned Mediator, for his making an effort, to amicably resolve the dispute inter-se the parties at lis. Parties are directed to appear before the learned trial Court, on 17.3.2018.