Sanjay Shukla vs The State Of U.P And Anr.
2012 Latest Caselaw 2490 ALL

Citation : 2012 Latest Caselaw 2490 ALL
Judgement Date : 8 June, 2012

Allahabad High Court

Sanjay Shukla vs The State Of U.P And Anr. on 8 June, 2012

Bench: Vinay Kumar Mathur




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- U/S 482/378/407 No. - 2001 of 2012
 

 
Petitioner :- Sanjay Shukla
 
Respondent :- The State Of U.P And Anr.
 
Petitioner Counsel :- L.P Shukla Ii
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Vinay Kumar Mathur,J.

Notice has been accepted by learned Addl. Government Advocate on behalf of respondent no.1.

Heard learned counsel for the petitioners and Addl. Government Advocate and perused the record.

Through the instant petition under Section 482 Cr.P.C. the petitioner has challenged the order dated 26.6.2010 passed by the Addl. Civil Judge(Jr. Division)/Judicial Magistrate, Court No.3, Sitapur, whereby maintenance allowance at the rate of Rs.1500/- per month was awarded to respondent no.2. Against the judgment of the Judicial Magistrate, two separate revision petitions, one by respondent no.2 for enhancement of maintenance allowance and the other by the petitioner challenging the amount of maintenance, were preferred, which were commonly decided by the court of learned Additional Sessions Judge (Court No.2), Sitapur, vide order dated 13.3.2012.

Learned counsel for the petitioner has submitted that the courts below have not taken into consideration the financial status of the petitioner. It has also been submitted that none of the parties has again married and there is a possibility of conciliation through mediation.

In this view of the matter, the matter is referred to the Mediation & Conciliation Centre of this court.

The petitioner will deposit Rs.7000/-(seven thousand only) through bank-draft in the Registrary of this court. Out of which, Rs.5000/-(five thousand only) will be paid to respondent no.2 on her appearance before the Mediation Centre and the remaining Rs.2000/-(two thousand only) would be remitted to the Mediation Centre.

Notices will be duly issued by the Mediation & Conciliation Centre and the Mediation Centre is expected to conclude the proceedings within three months.

List thereafter.

Till the report from the Mediation Centre is received or for a period of three months, whichever is earlier, no coercive measures be taken against the petitioner.

Order Date :- 8.6.2012

A.Nigam