Appeal in hc on dismissal of divorce suit from fc, can hc order medialtion?

Yaaros (Querist) 25 August 2016 This query is : Resolved
Divorce petition filed by wife got dismissed by FC after trial. In judgement FC has observed irretrievable breakdown and advised both parties to go for mutual divorce.

Now, she has filed appeal in HC against FC judgement.

1) Since FC has observed there is irretrievable breakdown of marriage, can HC order for mediation if both are not willing for mutual divorce?

2) If HC order for mediation and I failed to attend it, will it adversely affect my side during trial?

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Devajyoti Barman (Expert) 25 August 2016
Sending the case to mediation is discretion of the court keeping in mind to end a trial without much acrimony and hatred.
So nothing can be said for sure now.
Wait for the order of appellate court.

Premature query.

adv.bharat @ PUNE (Expert) 25 August 2016
Nothing to be added.

Rajendra K Goyal (Expert) 26 August 2016
Court may or may not send for mediation.

What is the opinion of your lawyer?

Raj Kumar Makkad (Expert) 26 August 2016
Even if either of the parties fails to take part in the mediation, it generally do not go against that party if the reasons for non-attending are genuine.

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