Shravan Kumar vs State of U.P. and Another

Hon''ble Naheed Ara Moonis, J.—Heard the learned counsel for the petitioner and the learned AGA. The petitioner is challenging the order dated 11.10.2011, passed by Family Court, Azamgarh in case No. 350 of 2005, whereby the petitioner has been directed to pay the amount of fifteen hundred rupees as maintenance to the respondent party No. 2 from the date of order. It is submitted by the learned counsel for the petitioner that initially a suit for restitution of conjugal rights u/s 9 of the Hindu Marriage Act was filed by the petitioner. After moving of said suit, the opposite party No. 2 had filed an application u/s 125 Cr.P.C. The court below in the application u/s 125 Cr.P.C. moved by the respondent No. 2, directed the petitioner to pay the maintenance allowance of Rs. 1500/- to the respondent No. 2 from the date of order and rejected the suit filed by the petitioner u/s 9 of the Hindu Marriage Act.

It is further contended that false allegations have been made with regard to the demand of dowry. The petitioner is still ready to keep his wife. The present dispute is a matrimonial dispute between the parties and there are chances of reconciliation, therefore, this case may be sent to Mediation Centre for the purpose of settlement between the parties for which the petitioner No. 1 is ready to deposit the cost.

Issue notice to the respondent No. 2 returnable within a period of four weeks, who shall file counter affidavit within the aforesaid period. One week next thereafter for filing rejoinder affidavit. List thereafter.

Considering the submission made by the learned counsel for the petitioner, it is directed that petitioner shall deposit a sum of Rs. 8,000/- within two weeks from today in the account head of Registrar General, Mediation and Conciliation Centre, Allahabad High Court, Allahabad. In case, the aforesaid amount is deposited by the petitioner within ten days, the notice shall be issued to the respondent No. 2 returnable within a period of four weeks. Out of Rs. 8,000/- an amount of Rs. 6,000/- shall be paid to the respondent No. 2 to meet her expenses and remaining Rs. 2,000/- shall be deposited before the Mediation Centre as expenses for mediation proceedings and this case shall be referred to Mediation Centre for further proceedings.

After proceedings of Mediation Centre, list this case in the week commencing 12th March, 2012.

In case the receipt of the aforesaid deposited amount is filed before the court concerned, till the next date of listing, no coercive steps shall be taken in Case No. 350 of 2005, Radhika Vs. Shrawan Kumar, u/s 125 Cr.P.C., pending in the court of Family Court, Azamgarh. In case of default, interim order shall stand automatically vacated. However, the petitioner is directed to comply with the order passed by the court below in letter and spirit and pay entire arrears of maintenance from the date of order and also continue to pay monthly allowance regularly month to month to the respondent No. 2 unless otherwise modified during the pendency of the instant petition. In case of default of payment of maintenance allowance the court below is at liberty to initiate appropriate action against the petitioner.