Court No. - 49
Case :- MATTERS UNDER ARTICLE 227 No. - 1878 of 2018 Petitioner :- Chhotey Lal Patel Respondent :- State Of U.P. And 3 Ors.
Counsel for Petitioner :- Rajesh Kumar Singh,Aishwarya Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
The present petition has been filed by the petitioner being aggrieved by issuance of recovery warrant dated 16.2.2018 passed by the learned Principal Judge Family Court, Sonbhadra in Misc. Case No. 102 of 2017.
In this regard, it is noted by an exparte order dated 28.1.2017 the maintenance allowance @ of Rs. 2,000/- per month has been awarded to the respondent no.2 and @ of Rs. 1,500/- to each of respondent nos. 3 and 4 from the date of that order.
Learned counsel for the petitioner submits that at the relevant time, he could not appear in those proceeding and he first gained knowledge of the same upon issuance of the recovery warrant.
While it has been recorded in the order that the notices in the proceeding had been served on the respondents and he also appeared in the same, it appears thereafter, the petitioner did not regularly appear in the proceeding and thus the proceedings were concluded exparte against him.
In view of the background, it is submitted that the petitioner is willing to settle his differences with the respondent no.2 such that she may agree to live with him. To that extent, one last opportunity may be granted to the petitioner.
Considering the above, it appears that there is no error in the order passed by the learned Court below dated 28.1.2017, in so far as the award of maintenance allowance has been made. However, in view of the submission made by learned counsel for the petitioner that there is room for mediation to settlement, it is desirable that such a chance be afforded to the petitioner.
Accordingly, the present petition is disposed of with the following directions:-
(i) The petitioner shall deposit a sum of Rs. 30,000/- before the learned Court below within a period of one month from today not later than 30.4.2018.
(ii) The amount so deposited shall be retained by the learned Court below in an interest bearing account that shall abide by the final result of the mediation.
(iii) The petitioner shall continue to pay to the respondent nos. 2, 3 and 4 per month from April, 2018 on or before 10th of each months under the order dated 28.1.2017, during the pendency of the mediation.
(iv) Subject to the aforesaid compliance being made by the petitioner, further recovery proceeding against the petitioner shall remain stayed for the period of four months from the date of depositing of Rs. 30,000/-, as above.
(v) Upon deposit being made by the petitioner, the matter may be referred to District Mediation and Conciliation Centre at Sonbhadra, such that the petitioner may have an opportunity to reconcile with the differences to the respondent no.2.
(vi) Lastly, the mediation so referred may be concluded within a period of three months from today.
The amount of Rs. 30,000/- deposited by the petitioner may be dealt with and disposed of in terms of the final settlement, if any reached between the parties.
It is made clear that in the event of failure on part of the petitioner to comply with this order or in event of failure of mediation, the recovery proceeding shall be continued from that stage and amount deposited by the petitioner in pursuance of this order shall be adjusted against the final recovery to be made by the petitioner.
Order Date :- 28.3.2018 Mini