Preetam vs State Of U.P. And Another
2023 Latest Caselaw 16766 ALL

Citation : 2023 Latest Caselaw 16766 ALL
Judgement Date : 25 May, 2023

Allahabad High Court

Preetam vs State Of U.P. And Another on 25 May, 2023

Bench: Om Prakash Tripathi




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:116850
 
Court No. - 91
 

 
Case :- CRIMINAL REVISION No. - 4787 of 2022
 

 
Revisionist :- Preetam
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Jaysingh Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Om Prakash Tripathi,J.

List revised. None appears on behalf of the opposite party no. 2 even opposite party no. 2 has already been served. No counsel has been engaged by the opposite party no. 2.

Heard learned counsel for the revisionist and learned A.G.A. for the State.

This criminal revision has been filed with a prayer to set-aside the judgment and order dted 17.9.2022 passed by Principal Judge, Family Court, Laliput in Case No. 599 of 2018 (Smt. Pooja vs. Preetam) arising out of proceeding under section 125 Cr.P.C. at police station Kotwali, District Lalitpur.

Learned counsel for the revisionist submit that the execution case 599 of 2018 is pending before the Court below It is also submitted that since it is a matrimonial dispute, an opportunity be granted to the parties for reconciliation / settlement of their dispute by way of mediation. Revisionist is also willing to settle the matter through mediation before the District Court, therefore, this matter be sent to the mediation centre, Principal Judge, Family Court, Lalitpur.

In view of the above, the matter is referred to the Mediation Centre Principal Judge, Family Court, Lalitpur. It is directed that revisionist shall move an application with regard to mediation in the said execution case before the court below within three weeks from today and same should be decided by the Court below in accordance with law within three months after receipt of application moved by the revisionist. Report of mediation centre be sent before this Court on the next date.

List this case on 11.09.2023 as fresh.

The revisionist shall pay regular monthly payment of maintenance allowance as directed by the trial Court to the opposite party no. 2. Subject to deposit of regular payment of maintenance allowance, no coercive action shall be taken against the revisionist. In default of payment, trial Court is free to proceed with the execution case, if pending, after mediation proceeding.

Order Date :- 25.5.2023

Monika