Rajesh Tiwari And Ors. vs The State Of U.P And Anr.
2012 Latest Caselaw 2369 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- U/S 482/378/407 No. - 1867 of 2012
 

 
Petitioner :- Rajesh Tiwari And Ors.
 
Respondent :- The State Of U.P And Anr.
 
Petitioner Counsel :- Dev Kumar Tripathi
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Ajai Lamba,J.

Learned counsel for the petitioner contends that petitioner no.1 is married to the daughter of respondent no.2 namely Rani.  There is one child born out of the wedlock. Criminal Proceedings have been initiated on account of matrimonial dispute under Complaint Case No.463 of 2011 under Sections 498A/323/354 I.P.C. and Section 3/4, Dowry Prohibition Act., which is pending in the court of Additional Chief Judicial Magistrate, Pratapgarh. By way of this petition order of summoning dated 01 December, 2011 has been challenged.

Learned counsel contends that the petitioner is of intention of settling  this matrimonial dispute, which would also be in the interest of child.

I have considered contentions of the learned counsel.

Issue notice to respondent no.2 through Chief Judicial Magistrate, Pratapgarh, for 25.7.2012.

In the meantime, let a sum of Rs.10,000/-(ten thousand only) be deposited by the petitioner in the Registry of this court within ten days from today.

It is provided that in case, the wife Smt. Rani agrees to join mediation proceedings, a sum of Rs.7000/-(seven thousand only) would be released in her favour and the remaining Rs.3000/-(three thousand only) shall be remitted to the Mediation and Conciliation Centre.

It is further provided that in case money is not deposited within the stipulated time, or necessary steps are not taken for service of respondent no.2, the interim direction shall be deemed to be vacated, without reference to the Court.

Let the petitioner and respondent no.2 alongwith his daughter Rani remain present in Court on the date of listing.

No coercive measures would be taken against the petitioners till the next date of listing.

Order Date :- 30.5.2012

A.Nigam