Case Law Details
Arjab Jena@ Arjab Kumar Jena Vs. Utsa Jena @ Pattnaik (Supreme Court of India)
We disapprove the observations made in the impugned order which refer to the comments made during the course of the mediation or settlement proceedings. The High Court should not have taken the aforesaid comments on record, as the same would impede conciliation and is contrary to and impinges on the principle of confidentiality. Accordingly, the paragraphs 11 and 12 of the impugned order would be erased from record.
FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER
Leave granted.
We have heard the learned counsel for the parties.
We disapprove the observations made in the impugned order which refer to the comments made during the course of the mediation or settlement proceedings. The High Court should not have taken the aforesaid comments on record, as the same would impede conciliation and is contrary to and impinges on the principle of confidentiality. Accordingly, the paragraphs 11 and 12 of the impugned order would be erased from record.
We have also examined the counter-affidavit and the rejoinder affidavit filed and placed on record. As the matter has been remitted to the Family Court, we would request the Family Court to decide the application for joint custody, visitation right etc. in accordance with the law within a period of four months from today. However, for the present, we are inclined to direct that the appellant would be permitted to interact with the child in the presence of the counselor attached to the Family Court, Bhubneshwar, Orissa. The first such meeting would take place on 2 21.01.2022 at 03.00 PM. The counselor would fix date and time of subsequent meetings as per her/his discretion, keeping in view the request made by the parties. The counselor would be at liberty to submit his/her report before the Family Court in sealed cover. It would be open to the Family Court to decide whether the report, if submitted, should be made available to parties. It will be open to the Family Court to pass interim order/direction as are considered necessary and appropriate.
Recording the aforesaid, the appeal is disposed of.
We clarify that the observations and the directions given in this order and the impugned order would not be construed as findings recorded or expression of opinion on the merits of the facts and contentions of the parties.
Pending application(s), if any, stand disposed of.
Leave granted.
The appeal is disposed of in terms of the signed order.
Pending application(s), if any, stand disposed of.
