Disposed

Indar Yadav (in Aadhar Rajindrar) v. State of U.P Thru. Secy. Home Deptt. Lko. and 3 Others

Allahabad HC21 Mar 2024CRLRD/95/2024

Case brief

AI extract

What is this about?

Criminal revision referred for mediation. Court directed parties to attempt reconciliation at the High Court Mediation Centre, stayed maintenance orders subject to interim payment, and fixed timelines for mediation.

What did the court decide?

Matter referred to mediation; maintenance orders stayed subject to interim payment terms.

Indar Yadav (in Aadhar Rajindrar) vs State of U.P… — Maintenance and Alimony | Allahabad HC (2024)

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Court No. - 29

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Case :- CRIMINAL REVISION DEFECTIVE No. - 95 of 2024

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Revisionist :- Indar Yadav (In Aadhar Rajindrar) Opposite Party :- State Of U.P Thru. Secy. Home Deptt. Lko. And 3 Others

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Counsel for Revisionist :- Dinesh Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Shri Dinesh Kumar Shukla, learned counsel for the applicant and Shri Vinay Kumar Shahi, learned A.G.A. for the State.

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The proceedings arise out of a matrimonial dispute. False and aggravated assertions have been made in the F.I.R. against the applicant at the instigation of inimical parties.

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Learned counsel for the applicant contends that the differences between the parties can be amicably resolved through the process of mediation. In case the learned trial court is allowed to proceed at this stage, it will create further bad blood between the parties and the breach could well become beyond recall.

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This is the apposite stage to attempt to amicably resolve the disputes through the process of Mediation & Conciliation Centre, High Court Lucknow Bench, Lucknow.

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The contentions of learned counsel for the applicant has prima facie merit. The parties will attempt a

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reconciliation with the assistance of the Mediation & Conciliation Centre, High Court Lucknow Bench, Lucknow.

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The matter is referred to the Mediation & Conciliation Centre, High Court Lucknow Bench, Lucknow, to attempt to bring about conciliation between the parties through the process of mediation. The following directions shall be executed by the respective parties:

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The applicant/revisionist is directed to deposit a sum of Rs.10,000/- before the Mediation & Conciliation Centre, High Court Lucknow Bench, Lucknow within a period of one month.

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Rs.8,000/- shall be released in favour of opposite party no.2 while Rs.2,000/- shall be retained by the Mediation & Conciliation Centre, High Court Lucknow Bench, Lucknow. The amount shall be disbursed to the opposite party no. 2 immediately upon her appearance before the Mediation & Conciliation Centre, High Court Lucknow Bench, Lucknow.

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The Mediation & Conciliation Centre, High Court Lucknow Bench, Lucknow shall fix the first date for mediation in the month of July, 2024 and issue notices to the parties accordingly.

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The proceedings shall be concluded within a further period of three months from the date of initiation of the mediation proceedings in July 2024.

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The Mediation & Conciliation Centre, High Court

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Lucknow Bench, Lucknow shall send a report before this Court.

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List immediately thereafter.

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In the meantime, the applicant/revisionist undertakes to regularly pay the amount of interim maintenance to the opposite party Nos.2, 3 and 4 fixed by the trial court from the date of the order. It is further directed that 50% of arrears awarded to the opposite party no. 2 shall be paid within six months.

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Subject to the regular payment of the aforesaid amount, till next date of listing effect and operation of the impugned order dated 25.05.2017 passed by the court of learned Principal Judge, Family Court, Gonda in Criminal Misc. Case No.308/2011/2010(Smt. Manju and others Vs. Indar Yadav) under Section 125 of the Cr.P.C., Police Station-Khargoopur, District-Gonda and the order dated 08.12.2022 passed by the court of Additional Principal Judge, Family Court, Gonda in Criminal Misc. Case No. 495 of 2019 (Indar Yadav Vs. Smt. Manju Devi and others), under Section 126(2) Cr.P.C. shall remain stayed.

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Order Date :- 21.3.2024 Dhananjai

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

Indar Yadav (in Aadhar Rajindrar) v. State of U.P Thru. Secy. Home Deptt. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Indar Yadav (in Aadhar Rajindrar) v. State of U.P Thru. Secy. Home Deptt. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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