Mukesh vs Pushpa Rathore
2022 Latest Caselaw 7713 MP

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The High Court of Madhya Pradesh : Bench At Indore

                  First Appeal No.104 of 2017
                    Mukesh v/s Pushpa Rathore
Indore, dated 13.06.2022
        Shri Satish Jain, learned counsel for the appellant.
        Shri Hemendra Jain on behalf of Shri Prashant
Upadhyay, learned counsel for the respondent.

Learned trial Court has declined the decree of divorce to this appellant on the ground that there is no serious dispute between the parties and he has filed the divorce petition under the pressure of this parents. Although the trial Court has granted the decree of restitution of conjugal right by way of counter claim filed by the respondent / wife.

Shri Jain, learned counsel for the appellant submits that still the respondent / wife is pursuing a criminal appeal i.e. Cr.A. No.1588 of 2014 filed against the order of acquittal under the provisions of Schedule Caste & Schedule Tribe (Prevention of Atrocities) Act. Therefore, in such situation, it is very difficult for the present appellant to perform the conjugal right because she may again prosecute him in a criminal case.

Registration of F.I.R. under the provisions of Schedule Caste & Schedule Tribe (Prevention of Atrocities) Act, 498-A & 323 of the IPC is not in dispute in the present case and whether it amounts to cruelty, the same can be examined in the appeal also.

Resultantly, operation of impugned judgment and decree

so far as it relates to restitution of conjugal rights shall remain stayed till the next of hearing.

Taking into the facts and circumstances of the case in totality, we deem proper appoint a mediator to resolve the dispute between the parties.

Ms. Sharmishtha Dave, Retired Judge, Higher Judicial Services is appointed as a mediator.

The Legal Aid Services Authority is directed to keep the parties present before the mediator and a report be submitted in this regard.

      (VIVEK RUSIA)                            (AMAR NATH (KESHARWANI))
        JUDGE                                          JUDGE
Ravi
Digitally signed by RAVI PRAKASH
Date: 2022.06.13 17:18:25 +05'30'