HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 58 Case :- APPLICATION U/S 482 No. - 12624 of 2015 Applicant :- Rakesh Kumar Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Jai Karan Nath Mishra Counsel for Opposite Party :- Govt. Advocate Hon'ble B. Amit Sthalekar,J.
Heard Sri Jai Karan Nath Mishra, learned counsel for the applicant and the learned AGA for the State-respondents.
Learned counsel for the applicant submitted that the present matter is a matrimonial matter and the said matter can be well considered by the Mediation and Conciliation Centre of this Court. It is further contended that there are chances of reconciliation between the husband and wife, therefore, the matter may be referred to the Mediation Centre.
Having considered the arguments advanced across the bar, I have a feeling that Court owes a duty to the society to strain to the utmost to repair the frayed relations between the parties so that the wounded situation may be healed into a healthy rapprochement. The matter in hand also appears to be one of those cases in which reconciliation should be tried between the disputing parties.
It is directed that the applicant shall deposit a sum of Rs.25000/- within three weeks from today with the Mediation and Conciliation Centre of which 90% shall be paid to the opposite party No.2 for appearance before the Mediation Centre.
The matter is remitted to the Mediation Centre with the direction that the same may be decided after giving notices to both the parties.
It is directed that the Mediation Centre shall decide the matter expeditiously preferably within a period of three months. Thereafter the case shall be listed before the appropriate Court after three months.
Till the next date of listing, further proceedings against the applicant in Case No.1108 of 2014, under Section 23 Domestic Violence Protection Act pending before Judicial Magistrate Court No. 1st Chandausi Moradabad shall be kept in abeyance, provided the applicant deposit the amount as stated above.
After depositing the aforesaid amount, notice shall be issued to the parties and in case, the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated.
Order Date :- 21.5.2015 Ashish Pd.