Disposed

Dharmendra Kumar v. State of U.P. and Another

Allahabad HC21 Aug 2024A482/27274/2024

Case brief

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What is this about?

The High Court referred a matrimonial dispute arising under Section 482 CrPC to the Mediation Centre. The applicant was directed to deposit Rs. 60,000 within three weeks, with a major portion to be handed to the wife upon her appearance. Pending mediation, a related Section 125 CrPC maintenance case was stayed.

What did the court decide?

Referred to Mediation Centre; stayed proceedings in Case No. 207 of 2021 pending mediation; directed deposit of Rs. 60,000.

Dharmendra Kumar vs State of U.P. and Another — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 78

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Case :- APPLICATION U/S 482 No. - 27274 of 2024

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Applicant :- Dharmendra Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dinesh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Heard Sri Dinesh Yadav, learned counsel for the applicants and Saumya Madhyan, learned brief holder for the State.

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Learned counsel for the applicant submits that the matter relates to matrimonial dispute and applicant (husband) is ready and willing to settle the dispute amicably and keep the opposite party no. 2 with him. In order to show his bona fides the applicant is ready to deposit Rs. 60,000/- to be handed over to the wife on her first appearance. Learned counsel for the applicant urged that the case may be referred to the Mediation Centre of this Court so that the couple may have a chance to settle their dispute on their own terms through mediation.

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The Court is also satisfied on the basis of record and the submissions made before it that the nature of litigation is such that there is a chance to resolve the matter through process of mediation and an attempt ought to be made to explore that possibility.

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Accordingly, the matter is being referred to the Mediation and Conciliation Centre, High Court, Allahabad. The applicant will deposit Rs.60,000/- within three weeks at the Mediation Centre. In case the amount is deposited, the Mediation Centre will issue notices to both the parties returnable within a period of four weeks. Out of the same, Rs.57,000/- shall be handed over to the wife on her first appearance with regard to her maintenance and minimum expenses. Rs. 3,000/- will remain deposited with the Mediation Centre.

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The mediator is allowed three 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 as fresh on 20.12.2024 along with report of the mediator.

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Till the next date of listing, proceeding of Case No. 207 of 2021 (Smt. Sakshi Verma vs. Dharmendra Kumar), under Section 125 of Cr.P.C., registered at Police Station- Trilokpur, DistrictSiddharthnagar as well as effect and operation of order dated 19.10.2023, pending in the court of Principal Judge, Family Court, Siddharth Nagar, shall remain stayed.

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It is made clear that in case of default in depositing the amount as ordered above or on non-participation of the applicant in the mediation proceedings, the interim stay order shall stand automatically vacated.

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This case shall not be treated as tied up or part heard to this Court.

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Order Date :- 21.8.2024 A.P. Pandey

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Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad

Dharmendra Kumar v. State of U.P. and Another

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Dharmendra Kumar v. State of U.P. and Another

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