Heard learned counsel for the revisionists and learned A.G.A. for the State.
The instant revision has been filed against the judgment and order dated 19.9.2009 passed by the Judicial Magistrate I Class, Auraiya in complaint Case No. 567 of 2008-Smt. Sazida Begum Vs. Shameem alias Baba and others which is matrimonial dispute. Revision is reported to be beyond time by 42 days. There is an application under Section 5 of the Indian Limitation Act.
Issue notice to opposite party no. 2 returnable at an early date on the application for condonation of delay.
The submission on behalf of the revisionists is that it is matrimonial dispute and there are chances of amicable settlement by Mediation Centre, therefore, matter may be referred to the Mediation Centre.
It is directed that the revisionists shall deposit a sum of Rs. 8,000/- within a period of three weeks from today with Mediation and Conciliation Centre. Out of the amount so deposited, opposite party no. 2 shall be given Rs.6000/- for her to and fro journey and Rs. 2,000/- be deposited with the Mediation Centre.
Let this order be placed before the Registrar/Incharge of 'Allahabad High Court Mediation and Conciliation Centre'. The Registrar/Incharge of the Mediation Centre, shall fix a date and every efforts shall be made for re-conciliation and complete the process of mediation within three months from today. In the event, the effort is not successful, the case will be listed after three months, along with report of conciliator.
Till the next date of listing, further proceedings in Complaint Case No. 567 of 2008, under Sections 498A, 506 I.P.C. and 3/4 Dowry Prohibition Act and order dated 19.9.2009 passed by the Judicial Magistrate I Class, Auraiya, shall remain stayed. In the event the revisionists fail to appear before the Mediation Centre on the first date fixed, this interim order shall stand automatically vacated.
In the event Mediation Centre fails, the matter will be listed before the appropriate Court after three months and counter affidavit may be filed on the application under Section 5 of the Indian Limitation Act.
Order Date :- 4.2.2010 Rmk.