Disposed

Shree Soni Thru. Her Father Yogesh Soni Alias Yogesh Kumar v. State of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. and 3 Others

Allahabad HC12 Jul 2024HABC/196/2024

Case brief

AI extract

What is this about?

Court referred a Habeas Corpus petition involving a detenue in a matrimonial dispute to the Mediation and Conciliation Centre, ordering parties to appear and deposit fees for mediation.

What did the court decide?

Matter referred to the Mediation and Conciliation Centre for settlement; petitioner directed to deposit Rs. 20,000.

What the court decided

Shree Soni Thru. Her Father Yogesh Soni… — Pension and Retirement Benefits | Allahabad HC (2024)

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Court No. - 16

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Case :- HABEAS CORPUS WRIT PETITION No. - 196 of 2024

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Petitioner :- Shree Soni Thru. Her Father Yogesh Soni Alias Yogesh Kumar Respondent :- State Of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. And 3 Others

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Counsel for Petitioner :- Anshuman Singh,Abhishek Yadav,Dr. Pooja Singh

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Counsel for Respondent :- G.A.

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Hon'ble Shamim Ahmed,J.

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Vakalatnama filed today in the Court by Shri Krishan Kumar Verma, Advocate on behalf of respondent No.4 is taken on record.

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Office is directed to print/show the name of Shri Krishan Kumar Verma, Advocate as learned Counsel for the respondent No.4 on the next date of listing.

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Heard Dr. Pooja Singh, learned counsel for the petitioner, Mr. Krishan Kumar Verma, learned Counsel for the respondent No.4 and Mr. Ashok Kumar Singh, learned A.G.A-I for the State-respondent Nos.1 to 3 and perused the record.

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In compliance of the order dated 12.07.2024 passed by this Court, the respondent No.4, namely-Shilpa Verma alongwith the detenue, namely-Shree Soni and the petitioner, namelyYogesh Soni Alias Yogesh Kumar are present before this Court in person, who have been identified by their respective counsel.

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The present Habeas Corpus Writ Petition has been filed on behalf of the petitioner, namely-Shree Soni through her Father Yogesh Soni Alias Yogesh Kumar seeking following main relief:-

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"(i) Issue a writ order or direction in the nature of Habeas Corpus commanding and directing the opposite party No.4 to produce the detenue/petitioner namely Shree Soni forthwith before this Hon'ble Court and after setting her at liberty allow to go with the deponent who is the father of the detenue/petitioner, in the interest of justice."

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Submission of learned counsel for the petitioner is that the matter relates to matrimonial dispute and the petitioner has all the intentions to settle the same amicably. Petitioner's counsel

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strenuously urged that this 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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Learned A.G.A-I for the State-respondent Nos.1 to 3 and learned Counsel for the respondent No.4 also made an agreement with the submissions advanced by learned Counsel for the petitioner and submits that if the parties are ready to settle their dispute through mediation, thus, this Court may refer the matter to the Mediation and Conciliation Centre of this Court at Lucknow.

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The Court is also satisfied on the basis 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 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, Lucknow. Learned counsel for the petitioner will submit the certified copy of this order, copy of the present petition alongwith affidavit within three weeks from today at the Mediation and Conciliation Centre and the parties are directed to remain present before the Mediation and Conciliation Centre of this Court on 30.08.2024. 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 on 24.10.2024 before appropriate Bench along with report of the mediator.

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The petitioner is directed to deposit a sum of Rs.20,000/- as expenditure within three weeks by way of a bank draft to the Mediation Centre. It is directed that out of Rs.20,000/deposited by the petitioner, Rs.18,000/- shall be handed over to the respondent No.4 on her first appearance and Rs.2,000/- shall be kept by the Mediation and Conciliation Centre of this Court at Lucknow.

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

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Order Date :- 21.8.2024 Piyush/-

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

Shree Soni Thru. Her Father Yogesh Soni Alias Yogesh Kumar v. State of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. and 3 Others

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Shree Soni Thru. Her Father Yogesh Soni Alias Yogesh Kumar v. State of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. and 3 Others

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