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2014 DIGILAW 274 (PNJ)

Renu Bala v. Ravinder Kalra

2014-02-05

NAVITA SINGH, S.S.SARON

body2014
JUDGMENT Mr. S.S. Saron, J.:- The marriage between the parties was solemnized according to Hindu rites and ceremonies at Rewari on 22.06.1997. From the marriage, the parties had two children, namely, Ankit and Tanya, who were 11 and 6 years old, respectively, at the time of filing the petition, which was filed on 14.06.2010. The appellant-wife filed a petition seeking dissolution of the marriage between the parties on the grounds of desertion and cruelty. The learned District Judge, Family Court, Gurgaon, after considering the evidence and material on record, by his order dated 14.01.2012, dismissed the petition of the appellant. Aggrieved against the same, the appellant filed the present appeal. 2. Notice of motion was issued by this Court on 30.04.2012. The appellant appeared with her counsel on 22.08.2012, on which date learned counsel for the respondent put in appearance. Thereafter, deliberations for amicably resolving the dispute were carried out on 18.10.2012. However, the same remained inconclusive. With the consent of the parties, the matter was referred to the Mediation and Conciliation Centre functioning in the High Court premises. The parties appeared before the Mediation and Conciliation Centre on 20.11.2012. Joint and single sessions were held. Further, mediation was adjourned to 19.12.2012. On the said date, the respondent had not come present and next session was fixed for 10.01.2013. On 10.01.2013, single and joint sessions were held. The parties were unable to resolve their dispute despite best efforts including that of the counsel. Accordingly, the case was returned to this Court. 3. After return of the case to this Court, the case was adjourned to 08.07.2013, 06.08.2013, 10.09.2013, 25.10.2013 and 13.12.2013. However, none appeared on behalf of the appellant on these dates. On the last date, i.e. 13.12.2013, it was adjourned for today. Today, again no one is present on behalf of the appellant and an adjournment slip has been filed stating that the counsel for the appellant is suffering from fever. However, despite adjournment slip, no one is present for making a request for adjournment. Mere filing of adjournment slip is inconsequential. It appears that the appellant is not interested in pursuing the appeal. 4. Consequently, the appeal is dismissed in default in terms of Order 41 Rule 17 CPC. ---------0.B.S.0------------