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In the case of Pratibha Vats vs Vivek Kaushik, the High Court of Delhi has directed estranged couple to participate in the mediation proceeding before the Delhi High Court Mediation and conciliation centre, via video conferencing.
The marriage was solemnized in February 2014 and a girl child was born out of the wedlock in December 2014. Aftermath disputes and differences arose between the couple which led the husband (respondent) file for divorce petition.
In January 2020, the husband – Respondent filed the divorce petition on grounds of cruelty under section 13(1)(a) of HMA Act 1955 and the Family court granted decree in favour of the husband. The wife -Appellant aggrieved by the Family Court’s order moved an appeal in High Court. Advocate Vishal Chaudhary is representing the respondent while Advocates Rajat Aneja, Bhawana Pandey, Vandana Aneja are representing the Appellant.
The court at the beginning have enquired from the counsel of the Appellant Mr Rajat Aneja whether she is willing and ready to arrive at a negotiation settlement offer with the respondent for the safe and secured future of the daughter. The Court also took cognizance of the fact that both the parties are gainfully employed and also the Respondent was paying a monthly maintenance of Rs. 7,500 to the Appellant for taking care of the five-and-a-half-year-old daughter whose custody is with the Appellant.
On the other hand, the Appellant has stated that she is ready to for the negotiation, while the Respondent said he was not antipathetic to it and was also willing to negotiate the mediation settlement.
Keeping in view all the parameters of the case the Division Bench of justices Hima Kohli and Subramoium Prasad ordered,
Without any preconception to the respective rights and contentions of the parties, they are directed to participate in the mediation proceeding through virtual mode, a mediator shall be appointed by the Secretary of the Delhi High Court Mediation and Conciliation Centre, the bench directed. The parties shall negotiate a settlement through virtual mode and the organising secretary will fix an appropriate date for the same and will be conveyed to the parties through their respective counsels. clause 4 of the excerpted plea.
The bench concluded by stating that with the consent of council of both the parties the order of the impugned judgment shall remain stayed till the next date. The order shall be emailed to organizing secretary of the Delhi High Court Mediation & Conciliation Centre for information and compliance, High Court stated. The next date on which matter will be heard is on August 11.
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