// IN THE HIGH COURT OF SIKKIM OF`DER SHEET Hh?..arm,i NO.I of 200 3. .Pr...Svehfla..Kiam):1..Schbe..........Petitioner/Appellant Versus enerh...ed..ae.he order with Signat`ure Respondent Office Note as to action (if any) taken on Order el2003 2. ae/ 25`8.2003 H®.rd in.. 8apna Hal. I.armed counee for th. app.llane. thle, I8B`]e notice £1xlng 25-8-2003. I.earned ootinsel for th. appell&flt undertake. to £11. r.qulelte. vl®hln thr`.a day.. Call for the records ft`om the Courc I.low, (H. sNur|*±sirty) (a.K.B#) < 4:::8:o3. q:ej.g#§:co Heard Miss Sapna Rai, learned Counsel for the appetlant. Mr. 8. Sharma, learned Counsel says that he has instructions Q to appear on behalf of the respondent. As prayed for by® him, put up for . admission and final disposal on 8.9.2003. ` ,R.K.# chiof-e 25.08.2003. I)rd t,ut-`rty fe;+''# ia' Date Order`with Signature OfflceNETS-T Of of action (if any) •ler order taken on Order .8t/.9t/ . 9 . 2 0 039.2003 Place it bei:ore Division Bench nt I,, tomorrctw. i.e. on 9.9.2003. • -.NJaFF, 8.9.2003Wecalledboththeappellant and the resi3ondent to our chafroer. during lunch recess andrmade an e.ndeavour to settle the oJl" ILdr A dispute amicablv and to=live -peacefullv as husb_and and wife. The appellant expressed her willingness to go and live with the . respondent. but the attit.ude of the respond appears to be adamant and he is not willing to live with her. In the clrcums.tances. we are of considered opinion .that no useful =purpose will be served in further pursuing the nratter. Put up the appeal tolrorrow. i.e. . on 10.9.2003 for hearing. } ([:.i.=„ .(R.K.RA, Judge Chief Justice 9.9.2003 9.9.'2003 > t,. a )ISerial .No.ofOrder Dateof-Order Order with Signature Office Note as toaction(ifany)takenonOrder 5. 10.9,.ZOO This appeal at the instance of the wife is directed against the judgment dated 30th LJune, 2003 passed by the learned Judge, Family Court in F`amfly Court Case for No.47 of 2002 granting decree for divorce soughvby the husband respondent. It is contended on behalf of the appellant that she was not given adequate opportunity to contest the case. Learned Counsel for the appellant also submitted that the mandatory provisions contained in Order XXXII-A Rule (3) C.P.C. as well as Section 9 of Family Courts Act, 1984 were not followed inasmuch as the learned Judge, F`amily Court did not make any effort for settlement of the matrimonial dispute between the parties. Considering the facts and circumstances of the case, we are of the opinion that there is merit in the above submissions made on behalf of the Counsel for the appellant. For the reasons stated above, we set aside the impugned judgment and remit the matter to the Family Court for disposal according to law. We make it clear that this Court also made an endeavour to settle the dispute between the parties but it did not yield any fruitful result. The learned Judge, Family Court without being influenced by this Court's order dated 9.9.2003, shall comply with Section 9 of the Family Courts Act, 1984 and Order XXXII-A Rule (3) C.P.C. The appeal is allowed. No costs. Lower court records be sent back forthwith. R.H.P# Cfulof Jfrostfce 10.09.2008. g£ 10.09.ZOOS. ;,;.uG;, 6-._` i k#-pr,~;:^JkfLLItcS