Sri Hari Agrahari v. State of U.P. Thru. District Probation Officer, Collectorate, Lucknow and Others

Allahabad HC3 Jul 2024A227/2989/2024

Case brief

AI extract

What is this about?

In this Article 227 writ petition, the petitioner sought to set aside a maintenance order and direct the trial court to consider his objection. Both parties agreed to mediation to achieve an amicable settlement in the matrimonial dispute. The Court referred the matter to the Mediation and Conciliation Centre, Lucknow, and stayed proceedings subject to a security deposit.

What did the court decide?

Matter referred to Mediation and Conciliation Centre, Lucknow; stayed on deposit of Rs.10,000/-.

Sri Hari Agrahari vs State of U.P. Thru. District… — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 16

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Case :- MATTERS UNDER ARTICLE 227 No. - 2989 of 2024

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Petitioner :- Sri Hari Agrahari Respondent :- State Of U.P. Thru. District Probation Officer, Collectorate, Lucknow And Others Counsel for Petitioner :- Pal Singh Yadav,Ashish Kumar Singh,Prathama Singh Counsel for Respondent :- G.A.

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Hon'ble Shamim Ahmed,J.

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Heard Sri Pal Singh Yadav, learned counsel for the petitioner and Sri Anirudha Kumar Singh, learned A.G.A.-I for the State as well as perused the record.

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The instant petition has been filed seeking following main relief:-

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" To pass appropriate order or direction, setting aside the order dated 05.03.2024 and direct the learned trial court to consider the objection of petitioner and pass appropriate order on merit."

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Learned counsel for the petitioner submits that the order dated 10.03.2023 was an interim maintenance order, which was merged in the order dated 24.01.2024 passed under Section 125 Cr.P.C. whereby the learned Family Court has directed the petitioner to pay maintenance to opposite party nos.2 and 3 i.e. his wife and his minor son.

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Learned counsel for the petitioner further submits that the order dated 24.01.2024 was challenged before this Court in Criminal Revision No.204 of 2024 and a co-ordinate Bench of this Court after considering the case has granted interim protection to the revisionist vide order dated 04.03.2024. Copy of order dated 04.03.2024 is annexed as annexure no.6 to the affidavit filed alongwith this petition.

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Learned counsel for the petitioner further submits that in the Criminal Revision No.204 of 2024, the opposite party nos.2 and 3 have already put in appearance through advocate and there are fair chances of amicable settlement between the parties as the matter pertains to matrimonial dispute. He further submits that even an order under Section 9 of the Hindu Marriage Act has also been passed on 18.12.2023 in favour of the petitioner as the petitioner is ready to keep the wife and minor child with him. He further submits that the present proceedings initiated against the petitioner is only with intention to harass him.

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Thus, he submits that the matter may be referred to the Mediation and Conciliation Centre, High Court, Lucknow so that amicable settlement may take place between the parties.

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Learned A.G.A.-I for the State has also made an agreement with the argument of learned counsel for the petitioner and submits that the matter may be referred to the Mediation and Conciliation Centre, High Court, Lucknow so that amicable settlement may take place between the parties.

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Thus, the matter alongwith Criminal Revision No.204 of 2024 is referred to the Mediation and Conciliation Centre, High Court, Lucknow. Learned counsel for the petitioner will submit the copy of the present petition alongwith affidavit within two weeks from today at the Mediation and Conciliation Centre and the Mediation and Conciliation Centre will issue notice to both the parties within a week thereafter fixing date in the case. The mediator is allowed two months' time to find out possible solution of the dispute between the parties and send his report to the court regarding the outcome of mediation.

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Put up this case alongwith Criminal Revision No.204 of 2024 on 18.09.2024 before this Court.

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Till the next date of listing, the effect and operation of the order dated 05.03.2024 as well as further proceedings in pursuance thereof shall remain stayed in respect of the petitioner subject to the deposition of Rs.10,000/- as expenditure within two weeks by way of a bank draft to the Mediation Centre. It is directed that out of Rs.10,000/- deposited by the petitioner, Rs.8,000/shall be handed over to the opposite party no.2 on her first appearance and Rs.2,000/- shall be kept by the Mediation Centre.

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Order Date :- 3.7.2024 Saurabh

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Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench

Sri Hari Agrahari v. State of U.P. Thru. District Probation Officer, Collectorate, Lucknow and Others

Case brief

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Sri Hari Agrahari v. State of U.P. Thru. District Probation Officer, Collectorate, Lucknow and Others

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