The petitioner has filed an application under Section 9 of the Hindu Marriage Act for the restitution of conjugal right. The marriage took place in the year 1995. The said application is pending before the Civil Judge (Junior Division), Pancham, Ballia. In the application under Section 125 Cr.P.C. the Additional Civil Judge (Junior Division),/ Judicial Magistrate, Court No. 3, Khiri vide order dated 6.8.2010 has directed the petitioner to pay a sum of Rs.2,000/- per month to his wife and Rs.2,000/- per month to his children as maintenance. The respondent resides at Lakhimpur Khiri. She moved an application for the payment towards expenses and further maintenance. The Additional Civil Judge (Junior Division) Pancham, Ballia has directed the petitioner to pay a sum of Rs.3,000/- towards expenses, Rs.200/- Advocate fee and Rs.1,000/- as interim maintenance.
Learned counsel for the petitioner submitted that he is an agriculturist and has no substantial means to pay the aforesaid amount.
Having regard to the entire facts and circumstances of the case, it would be appropriate to refer the matter to the Mediation Centre, High Court, Allahabad for settlement of the dispute.
Issue notice to the respondent.
The respondent is directed to appear on 28.3.2011 before the Mediation Centre, High Court, Allahabad. The petitioner may also appear on the same day. The petitioner shall deposit a sum of Rs.3,000/- towards expenses which shall be paid to the respondent. The Mediation Centre, High Court, Allahabad is directed to submit its report expeditiously.
List after two months.
Till the next date of listing, the proceeding pending before the Additional Civil Judge (Junior Division), Pancham, Ballia in case no.521 of 2008 (Dhira Nand Yadav Vs. Mamta Yadav) shall remain stayed.
Order Date :- 7.3.2011 OP