A writ petition under Article 227 challenged an interim maintenance order. The High Court found no illegality but directed the petitioner to apply for mediation. The existing maintenance order remains valid and must be complied with.
Petitioner directed to apply for mediation; existing interim maintenance order must be complied with.
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Court No. - 87 Case :- MATTERS UNDER ARTICLE 227 No. - 515 of 2022 Petitioner :- Tariq Hasan Respondent :- Sufiya Counsel for Petitioner :- Pratik J. Nagar,Mohd. Zaid
Hon'ble Om Prakash Tripathi,J.
Heard Shri Mohd. Zaid, learned counsel for the petitioner and learned A.G.A. for the State.
This petition has been filed by petitioner with a prayer to set aside the order dated 04.01.2022 passed by Additional Principal Judge, Family Court, Saharanpur in Case No. 554/2017 (Smt. Sufiya Vs. Tariq Hasan), by which interim maintenance of the petitioner has been partly allowed. Petitioner has been directed to pay Rs. 4000/- as interim maintenance per month to opposite party (wife of the petitioner).
Learned counsel for the applicants submits that there is possibility of amicable settlements before the mediation. The matter relates to matrimonial dispute. Applicant is also willing to settle the matter through mediation.
It appears that if the parties were to be offered assistance of mediation, they may be able to resolve their differences and bring an end to all disputes and differences between them, amicably.
Perused the impugned order by which no illegality or material irregularity appears. Thus the impugned order interference by this Court is not required.
This petition is disposed of with the direction that petitioner shall move an application before the court concerned i.e. Additional Principal Judge, Family Court, Saharanpur for mediation within a period of one month. Thereafter matter be referred to Mediation Centre, Saharanpur. It is directed that Mediation Centre, Saharanpur shall proceed in the matter expeditiously preferably within a period of three months.
It is made clear that petitioner shall also comply order dated 04.01.2022 regularly.
Order Date :- 26.7.2022 Sharad/-
Digitally signed by SHARAD KUMAR SRIVASTAVA Date: 2022.07.26 14:16:46 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the High Court should interfere in the Family Court order granting interim maintenance.
Whether the matter should be referred to mediation to settle the dispute amicably.
Whether the petitioner is required to comply with the existing interim maintenance order while seeking mediation.
Tariq Hasan
Sufiya
Om Prakash Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
