SHRAVAN KUMAR Vs. STATE OF U.P. AND ANOTHER

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned AGA. The petitioner is challenging the order dated 11.10.2011, passed by Family Court, Azamgarh in case No. 350 of 2005, whereby the petitioner has been directed to pay the amount of fifteen hundred rupees as maintenance to the respondent party No. 2 from the date of order. It is submitted by the learned counsel for the petitioner that initially a suit for restitution of conjugal rights under Section 9 of the Hindu Marriage Act was filed by the petitioner. After moving of said suit, the opposite party No. 2 had filed an application under Section 125 Cr.P.C. The court below in the application under Section 125 Cr.P.C. moved by the respondent No. 2, directed the petitioner to pay the maintenance allowance of Rs. 1500/ - to the respondent No. 2 from the date of order and rejected the suit filed by the petitioner under Section 9 of the Hindu Marriage Act.

(2.) IT is further contended that false allegations have been made with regard to the demand of dowry. The petitioner is still ready to keep his wife. The present dispute is a matrimonial dispute between the parties and there are chances of reconciliation, therefore, this case may be sent to Mediation Centre for the purpose of settlement between the parties for which the petitioner No. 1 is ready to deposit the cost.

(3.) CONSIDERING the submission made by the learned counsel for the petitioner, it is directed that petitioner shall deposit a sum of Rs. 8,000/ - within two weeks from today in the account head of Registrar General, Mediation and Conciliation Centre, Allahabad High Court, Allahabad. In case, the aforesaid amount is deposited by the petitioner within ten days, the notice shall be issued to the respondent No. 2 returnable within a period of four weeks. Out of Rs. 8,000/ - an amount of Rs. 6,000/ - shall be paid to the respondent No. 2 to meet her expenses and remaining Rs. 2,000/ - shall be deposited before the Mediation Centre as expenses for mediation proceedings and this case shall be referred to Mediation Centre for further proceedings.