Heard learned counsel for the applicants and also learned Additional Government Advocate.
It is submitted by the learned counsel for the applicants that the opposite party no. 2 is the wife of applicant no.4 and applicant nos. 1 and 2 are father-in-law and mother-in-law and applicant no.3 is sister-in-law of opposite party no.2. The applicant no.4 has filed a case under section 9 of Hindu Marriage Act against the opposite party no.2 before the Civil Judge (Senior Division), Fatehpur. The opposite party no.2 has filed a complaint with frivolous allegations that there was demand of dowry and on account of non-fulfillment of demand of dowry she was subjected to torture and harassment. The dispute is purely emanation of matrimonial bickering and there are chances of amicable settlement between the parties.
Having considered the arguments advanced across the bar, this court owes a duty to the society to repair the frayed relations between the parties so that the wounded relation may be healed into a healthy rapprochement. The matter in hand also appears to be one of those cases in which reconciliation should be tried between the disputing parties.
While referring the matter to Mediation Centre with the consent of the counsel for the applicants, it is directed that the applicants shall deposit a sum of Rs. 20,000/- within two weeks with the Mediation Centre by way of Bank draft drawn in favour of Mediation Centre, High Court, Allahabad, out of which a sum of Rs. 18000/- shall be payable to the respondent no. 2 and the remaining amount shall be kept for being utilised by the Mediation Centre. The amount aforesaid, it is further directed, shall be paid over to the opposite party no. 2 on her appearing before the Mediation Centre on the date fixed. The amount aforesaid, it may be clarified, are meant to meet expenses to be incurred for attending mediation sessions at Allahabad for the opposite party no. 2 and the person escorting her.
The office upon deposit of the Bank draft shall issue notice within one week to the opposite party no.2 calling upon her to appear at the Mediation Centre at Allahabad High Court on a date to be indicated in the said notice stating therein that the Bank draft deposited by the applicants shall be delivered at the Mediation Centre on the date fixed. The said notice shall be served upon opposite party no. 2 through C.J.M concerned. It needs hardly be said that both the parties shall appear either on the date fixed or on a future date as may be agreed before the Mediation Centre for reconciliation.
The Centre shall submit a report within one month from the date of parties appearing before it for reconciliation. The case shall be listed in the week commencing 5.9.2016 along with report of Mediation Centre.
Till next date of listing no coercive steps shall be taken against the applicants in Complaint Case No.417 of 2014 (Jairadha Vs. Devendra Kumar and others), under sections 498-A, 323 I.P.C. & 3/4 Dowry Prohibition Act, Police Station Lallauly, District Fatehpur pending before the court of Judicial Magistrate, District Fatehpur.
It is made made clear that in case, there occurs default by the applicants either in depositing the amount or in appearing before the Mediation Centre on the date or dates fixed, the interim order shall cease to operate and the Mediation Centre shall immediately communicate with the office which in turn shall list the case within a week before the Bench concerned for passing appropriate order in the matter.
It is further clarified that the case will not be treated as tied up to this Bench shall be listed before the appropriate Bench.
Order Date :- 20.6.2016 RU