Heard learned counsel for the applicants, learned A.G.A. for the State and perused the relevant record.
It has been submitted that the present dispute being a matrimonial dispute between the husband and the wife, the same may be referred to the Mediation Centre of this Court.
It is therefore, directed that the applicants shall deposit a sum of Rs. 8,000/- with the Mediation Centre of the High court within two weeks from today. Out of this amount Rs. 5,000/- shall be paid to the opposite party no. 2 on his appearance before the Mediation centre.
The matter is referred to the Mediation Centre with the direction that the matter shall be decided after giving notices to both the parties. It is further directed that the Mediation centre shall dispose of the matter as early as possible, preferably within a period of three months. Thereafter, the case will be listed before the appropriate Bench on 26.04.2010 without treating the same as part heard.
As an interim measure it is provided that no coersive action shall be taken against the applicants in complaint case no. 327 of 2009, Mohd. Yusuf vs Modh. Zafar & others under Sections 498-A, 323, 504 I.P.C. & 3/4 D.P.Act, P.S. Dhanapur, District Chandauli pending in the court of J.M. Chandauli provided the applicants produce the receipt of the aforesaid amount deposited in the Mediation Centre before the court concerned. The notice shall be issued to the parties after the deposit of the aforesaid amount and if the amount is not deposited within the prescribed period, the interim measure granted above shall stand automatically vacated.
Order Date :- 25.1.2010 RS.