Heard Sri S.N. Tripathi learned counsel for the applicants and learned A.G.A.
The dispute seems to be between husband and wife. Having gone through the record, I prima facie find that the parties should be given a chance to settle their differences on their own terms through the process of mediation and conciliation.
Let this order be placed before the Registrar/Incharge of 'Allahabad High Court Mediation and Conciliation Centre'. The Registrar/Incharge of the Mediation Centre will issue notices to both the parties fixing a date for their personal appearances at the centre before the mediator nominated by the Organizing Secretary of the Mediation Centre.
Mediator/Conciliator is allowed three month's time to find a possible solution of disputes between the parties.
The case will be listed before the appropriate Bench in week commencing 25.4.2011 along with the report of conciliator.
The applicants are directed to deposit Rs. 10,000/- at the Mediation Centre within three weeks for the expenses to be borne by respondent no. 2.
The applicants undertakes to appear at the Mediation Centre on every date fixed for mediation.
Meanwhile, further proceedings of Case No.515 of 2008 Smt. Rushi @ Afsa Vs. Alishan @ Dabbu and others, under Sections 498-A, 406, 323, 504 I.P.C. 3/4 Dowry Prohibition Act, P.S. Kotwali Nagar, District Saharanpur, shall remain stayed.
In case of default in deposit of Rs. 10,000/- or to appear before the Mediation Centre on the date fixed, whichever is earlier the stay order shall stand automatically vacated.
The report of the Mediation Centre will include a note about the deposit of Rs. 10,000/- and appearances of the applicants on the date fixed at the Mediation Centre.
Order Date :- 27.1.2011 rkg