Madhya Pradesh High CourtSmt. Krishna Malhotra vs Rakesh Malhotra on 9 September, 2015First Appeal No.109/2013
      (Smt. Krishna Malhotra Vs. Rakesh Malhotra)
9/09/2015
      Shri Sanjay Kumar Mishra, learned counsel for the
appellant.
      Shri D.R.Sharma and Shri Praveen Newaskar,
learned counsel for the respondent.In compliance of the earlier direction, the appellant as
well as respondent are present in person identified by their
respective counsel.In view of the order dated 27.7.15 on asking the
respondent counsel Shri Praveen Newaskar that how much
sum has deposited out of the decreetal amount by the
respondent, on which he submits that till date nothing has
been deposited out of the decreetal amount by the
respondent. He also submits that respondent has also filed
an appeal against the money part of the impugned decree,
so in the pendency of the appeal, such amount has not
been deposited. He further submits that there is still
possibility of amicable settlement between the parties and
in such premises prayed for appointment of a Mediator to
hold mediation proceedings during the course of the day
saying that it is very difficult for the respondent to come
again or on any future date to participate in the mediation
proceedings because he is posted somewhere in West
Bengal.2The other side did not have any objection if Mediator is
       appointed to hold medication proceedings in the matter today,
       as appellant herself is interested to participate in the mediation
       proceedings before the Mediator.In the aforesaid circumstances, with the consent of
       parties and their counsel, Ms. Nutan Saxena, a practising
       lawyer and trained Mediator of this Court, is hereby appointed
       as a sole Mediator to hold mediation proceedings between the
       parties today itself between 1.30 p.m. to 2.30 p.m. at Mediation
       Center of this Court. The Principal Registrar of this Court is
       directed to provide all necessary facilities at Mediation Center to
       hold such proceedings by the Mediator. Reader is directed to
       inform the Registrar in this regard immediately. Parties as well
       as their counsel are also directed to remain present before the
       Mediator in Mediation Center at 1.30 pm today and assist her
       to hold mediation proceedings. The Mediator is directed to file
       its report before the Court at 3.30 p.m. after holding today's
       proceedings, and Reader is directed to place this matter again
       before the Bench at 3.30 p.m. for further orders, so also for
       consideration of I.A.No.2374/2013, appellant's application underSection 24of the Hindu Marriage Act.(U.C.Maheshwari)                 (Sushil Kumar Gupta)
              Judge                                 Judge
ms/-First Appeal No.109/2013(Smt. Krishna Malhotra Vs. Rakesh Malhotra)
Later on
      Shri Sanjay Kumar Mishra, learned counsel for the
appellant.Shri D.R.Sharma and Shri Praveen Newaskar,
learned counsel for the respondent.Appellant as well as respondent are present          in
person identified by their respective counsel.In compliance of the aforesaid earlier order passed in
the early hours of the day, initial mediation proceeding has
been carried out by the appointed Mediator Ms. Nutan
Saxena and she has placed her report before the Court.
The same is taken on record. According to such report, on
making effort to reconcile the matter between the parties,
the appellant is ready and willing to go and reside with the
respondent in his family, but the respondent is not ready
and willing to take her with him in his family. It is further
stated that the appellant is not ready for divorce even on
giving huge sum in one installment by the respondent to
her. It is also contended that parties want to sit again for
mediation on 9.10.15.Without expressing any opinion on the aforesaid
report today, keeping in view that parties want to sit again
for mediation, the case is adjourned with a direction to
place on 9.10.15 and if the case is not taken up on such4date, then matter be re-listed before the Bench on 13.10.15.
       The parties are directed to remain present in person before the
       Mediator on 9.10.15 between 1.30 to 2.30 p.m. in the Mediation
       Center and their counsel are also directed to remain present to
       assist the Mediator to hold such proceeding. If matter is taken
       up on 9.10.15, then the parties shall remain present before the
       Court also and if in any case the case is not taken up on such
       date and re-listed in compliance of the aforesaid direction on
       13.10.15, then in presence of counsel for the parties, the
       mediation report as well as I.A.No.2374/2013            would be
       considered on such date. Respondent counsel also submits
       that before next hearing respondent will deposit/pay some
       money out of the decreetal sum of the impugned decree
       through cheque or directly in the bank account of the appellant.State Legal Services Committee of this Court be
       intimated regarding this order and appointment of the Mediator
       with a direction to take appropriate steps to pay the mediation
       fee to the Mediator in accordance with the procedure.Case be placed as directed above.Certified copy.(U.C.Maheshwari)               (Sushil Kumar Gupta)
              Judge                               Judge
ms/-