Santosh Kumar v. State of U.P. Thur. Addl. Chief Secy. Home Lko and 2 Others

Allahabad HC28 Nov 2024CRLR/1298/2024

Case brief

AI extract

What is this about?

The High Court, treating the underlying dispute as matrimonial in nature, referred the Case to the Mediation and Conciliation Centre for amicable settlement between the revisionist and opposite party no. 2. The Court stayed the impugned order pending the mediation outcome, conditioned on the deposit of Rs. 50,000/-.

What did the court decide?

Stay on the impugned order conditional upon the deposit of Rs. 50,000/- within three weeks for mediation proceedings. Parties directed to appear for mediation on 16.01.2025.

Santosh Kumar vs State of U.P. Thur. Addl. Chief… — Matrimonial and Divorce | Allahabad HC (2024)

¶1

Court No. - 14

¶2

Case :- CRIMINAL REVISION No. - 1298 of 2024

¶3

Revisionist :- Santosh Kumar

¶4

Opposite Party :- State Of U.P. Thur. Addl. Chief Secy. Home Lko And 2 Others

¶5

Counsel for Revisionist :- Arvind Saxena,Prashant Shukla Counsel for Opposite Party :- G.A.,Ajai Kumar,Vivek Kumar Rai

¶6

Hon'ble Ajai Kumar Srivastava-I,J.

¶7

1. Heard Shri Prashant Shukla, learned A.G.A appearing for the State and Shri Ajai Kumar, learned counsel appearing on behalf of opposite party nos. 2 and 3.

¶8

2. In deference to the order of this Court dated 28.11.2024, when the matter was taken up for hearing, revisionist Santosh Kumar has not appeared before this Court due to some official engagement. However, opposite party no.2 Shikha Kumari has appeared before this Court and identified through her counsel Shri Ajai Kumar.

¶9

3. Having regard to the fact that infact the dispute between the parties is matrimonial in nature and that there is a fair possibility of its settlement through the process of mediation, in this view of the matter, as also having regard to the willingness of parties, who are present in person, an attempt ought to be made to explore that possibility. Accordingly, the matter is being referred to the Mediation and Conciliation Centre of this Court, where the revisionist Santosh Kumar and opposite party no.2 Shikha Kumari shall appear in person for amicable settlement of their dispute through the process of mediation.

¶10

4. In aforesaid view of the matter, the matter is being referred to the Mediation and Conciliation Centre of this Court. It is provided that revisionist shall deposit a demand draft of

¶11

Rs.50,000/- within three weeks from today positively, then out of the deposited amount, Rs.45,000/- shall be handed over to opposite party No. 2, Shikha Kumari, 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. If the aforesaid amount is deposited within the stipulated period, the parties shall appear before Mediation and Conciliation Centre of this Court on 16.01.2025.

¶12

5. It is made clear that this amount i.e. Rs.50,000/- shall be adjusted towards any amount which the parties ultimately settled through the process of mediation.

¶13

6. 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.

¶14

7. List this case immediately thereafter along with report of the mediator.

¶15

8. Till the next date of listing only, the impugned order dated 20.07.2024, shall not be given effect to qua the present revisionist- Santosh Kumar only.

¶16

9. It is made clear that in case revisionist fails to deposit the amount of Rs.50,000/- within stipulated period or nonparticipation of the revisionist in the mediation proceedings without any just cause, the protection granted herein above shall automatically come to an end without any further reference to this Court.

¶17

(Ajai Kumar Srivastava-I, J.)

¶18

Order Date :- 11.12.2024 Arnima

¶19

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

Santosh Kumar v. State of U.P. Thur. Addl. Chief Secy. Home Lko and 2 Others

Case brief

What is this about?

What did the court decide?

Santosh Kumar v. State of U.P. Thur. Addl. Chief Secy. Home Lko and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Mohammad Nisar Ahmad Alias Nisar Ahmad vs State of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. U.P. and Another

Smt Anjali Sonkar vs Vinod Sonkar

Vinod Kumar vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Matloob Husain vs State of U.P.

Sufiyan vs State of U.P. and Another

Kapoor Chandra @ Yogesh Chandra and Another vs State of U.P. Thru. Prin. Secy. Home and Another