Disposed

Anoop Tiwari v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC23 Oct 2024A482/9531/2024

Case brief

AI extract

What is this about?

In an application under S. 482 CrPC, the court directed mediation for a matrimonial dispute. The applicant was directed to appear before the Mediation Centre alongside the respondent, with the rule that default by the applicant would result in the automatic demise of the interim order.

What did the court decide?

The matter was referred to the Mediation Centre with the applicant and respondent to appear on 11.12.2024. Rs. 15,000 was for expenses and Rs. 5,000 remained for mediation.

Anoop Tiwari vs State of U.P. Thru… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Court No. - 14

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Case :- APPLICATION U/S 482 No. - 9531 of 2024

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Applicant :- Anoop Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Surya Narayan Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Ajai Kumar Srivastava-I,J.

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Heard learned counsel for the applicant, learned A.G.A appearing for the State and Shri Shri Shambhunath Mishra, Advocate, who has filed his vakalatnama in Court today, on behalf of opposite party no. 2, which is taken on record.

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In deference to the aforesaid order of this Court dated 23.10.2024 the applicant and opposite party No.2, Neha Shukla have appeared before this Court, who have been identified by their respective counsel, and they have agreed that the dispute between them being matrimonial in nature may be resolved through the process of mediation. It also appears that pursuant to the aforesaid order dated 23.10.2024 an amount of Rs.20,000/- has already been deposited by the applicant vide D.D. No. 081382. A copy of receipt thereof is annexed to the instant application.

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This Court is also satisfied on the basis of perusal of the record and the submissions made before it that the nature of litigation is such that there is a chance to resolve the matter through the 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 of this Court. Out of the deposited amount,

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Rs.15,000/- shall be handed over to the opposite party No.2. Neha Shukla on her first appearance for miscellaneous expenses. It is further provided that a sum of Rs.5,000/- shall remain deposited with the Mediation and Conciliation Centre of this Court. The parties shall appear before the Mediation Centre of this Court on 11.12.2024.

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The mediator is allowed two months' time to find out possible solution of the dispute between the parties and send his report to this Court regarding the outcome of mediation.

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List this case immediately thereafter along with report of the mediator showing the name of Shri Shambhunath Mishra from the side of respondents.

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Interim order dated 23.10.2024 shall continue to operate till the next date of listing.

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It is made clear that in case of default or non-participation of the applicant in the mediation proceedings, the interim order shall automatically come to an end without any further reference to this Court.

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(Ajai Kumar Srivastava-I, J.)

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Order Date :- 3.12.2024 Arnima

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Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench

Anoop Tiwari v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Anoop Tiwari v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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What the court decided

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