HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 3322 of 2010 Petitioner :- Sanjeev Kumar & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- P.N. Gangwar Respondent Counsel :- Govt. Advocate,Abhay Raj Singh Hon'ble Amar Saran,J.
Hon'ble Arvind Kumar Tripathi,J.
We have heard the learned Government Advocate.
This petition was converted to a Public Interest Litigation by an order dated 5.1.2011 and by order of Hon'ble the Chief Justice dated 21.1.2011 it has been assigned to a bench presided over by one of us (Hon. Amar Saran,J). So far as the original petitioners Sanjeev Kumar and others were concerned after the submission of the charge sheet the Cr. Misc. Writ Petition No. 3322 of 2010 preferred by them was dismissed as infructuous by an order dated 8.3.2011. The names of the petitioners and their counsel was also directed to be deleted and the case was henceforth to be described as ?Re: In the Matter of Matrimonial Disputes.? We now direct the office to assign a PIL number to this petition which is titled as above in place of its earlier number.
This Court had issued the following general directions on 26.2.2010 when the original petition was admitted:
?1. That when a complainant approaches the police station or the concerned lower courts, with complaints about harassment, or violence against the wife, by the husband and in-laws, except in cases of extremely grave nature or in cases of serious violence and injuries, and where there are possibilities of repeated violence against the wife, the Courts or the police should first make an effort to try and bring about a reconciliation between the parties, by directing the parties to appear before the mediation centres in the Courts, wherever they exist, or to the mediation cells with the police. If reconciliation is not possible, and the matter appears to be serious, or there is a probability of recurrence of violence, only in those cases should the police take immediate steps for arresting the accused in pursuance of the FIR.
2.On the next date we would also like a report from the DGP, U.P. and the Principal Secretary (Home), U.P. as to whether any G.O.s or directions on the lines suggested above for fulfilment of the objective for initial attempt at mediation in such matrimonial matters exist, and they shall also consider the advisability of issuing such directions. In their response the said authorities should also point out the difficulties in sending the cases for mediation especially with regard to adequacy of the number of mediation centres in the Courts or attached to the police or mahila thanas, or the absence of trained mediators or any other difficulties, so that this Court may issue appropriate directions for addressing the problems indicated.
3. We would also like a response from the Organizing Secretary of the Mediation Centre of the Allahabad High Court about their experiences and suggestions in this regard, and whether they are prepared to give training to the mediating agencies before the lower courts or connected with the police at the local levels for bringing about successful mediation of such disputes.
4.We would also like a report from the Principal Secretary (Home), U.P. and the Registrar General of the High Court about the number of Courts and districts where such facilities for mediation exist, as also the courts where no such mediation facilities exist, and the steps they propose to take to meet the short fall in mediation centres, trained mediators and other infrastructure etc. needed.
5.This Court would also welcome intervention by NGOs who are working on problems of women, to give suggestions as to how these problems may be addressed.
6.We would also like suggestions from the U.P. State Legal Services Authority as to how they can help facilitate mediation between the parties in such matrimonial matters, and other suggestions in this regard on the next listing.
7.We also direct that this matter of trying to bring about reconciliation and mediation in matters relating to domestic violence involving offences under section 498 A IPC, D.P. Act and other allied sections, which are not of such a grave nature be also taken by the monitoring cells consisting of the District Judges, D.M.s SSP/ SP and others in their monthly meetings and the success in tackling the problem, and the difficulties if any, be communicated to this Court after the meetings, which may be placed in a tabular form before us by the registry.?
In an order dated 5.1.2011 it was also observed as follows:
?However, as we find that as general directions need to be issued in terms of the order dated 26.2.2010, wherein a Bench in which one of us (Amar Saran, J ) was a member, observed that in such matters relating to domestic violence and cases relating to sections 498-A IPC and 3/4 of Dowry Prohibition Act, unless serious injuries have been caused and where there are possibilities of repeated violence against the wife, an effort has to be made for reconciliation between the parties by directing the parties to appear before the mediation centres in the Courts, wherever they exist or to the mediation cells with the police and that FIRs and arrests should not be effected immediately as that would take away the chance of reconciliation between the parties. We had also called for a report from the DGP, UP and the Principal Secretary (Home), UP as to whether any G.Os or directions on the lines suggested above for fulfilment of the objective for initial attempt at mediation in such matrimonial matters exist, and they were also to consider the advisability of issuing such directions.?
The reply has not yet been received from the respondents i.e. D.G.(Police), U.P. Principal Secretary (Home), U.P., regarding directions 2 and 4, the Organising Secretary of the Mediation Centre of Allahabad High Court, Allahabad regarding direction 3, and the Registrar General of this Court regarding direction 4, Member Secretary, U.P. State Legal Services Authority regarding direction 6, District Judges of all the Districts in U.P. regarding direction 7 above. There has also been no response from any N.G.O. working on the problems of women regarding direction 5.
We now direct the said authorities/respondents to submit a report on the aforesaid directions within two weeks.
We would appreciate, if the learned Advocate General would appear on the next date of listing to give assistance to the Court in this pious matter which could go a long way in finding a solution for matrimonial disputes, which are aggravated if the husband and his sundry relations are hurriedly sent off to jail as soon as an F.I.R. is lodged, reducing the possibility of a compromise between the spouses which would be in the best interest of the spouses, as well as their children (if any) and their respective families. It would also check unnecessary litigation before this Court and the subordinate Courts.
Registry is directed to forward a copy of the order within 5 days to the Principal Secretary (Home), U.P., Director General Police, U.P. Member Secretary, Legal Services Authority, Lucknow, Organising Secretary, Mediation Centre, Allahabad High Court, all district judges in U.P. A copy of the order may also be handed over to the Government Advocate within 2 days for compliance and communication to the DG (Prisons), U.P., and the Principal Secretary (Home), U.P.
List this matter again on 28.3.2011.
Order Date :- 9.3.2011 Rk