The Allahabad High Court in its recent order deprecated and condemned the tendency of the parents of the wife to come to the Mediation Center only for receiving the amount, deposited by the applicant/husband rather than coming there to settle the matrimonial disputes.
The Bench of Justice Rahul Chaturvedi observed thus as it noted that the parties are coming to the process of mediation in the most non-serious way and premeditated mind, reported Livelaw.
Case:
Faraz Hasan (husband) had moved the Court with his anticipatory bail plea in connection with a case registered against him under:
- Section 498A
- Section 323
- Section 308
of the IPC and
- Section 3/4 of Dowry Prohibition Act
The counsel for the Hasan informed the Court that since the matter relates to matrimonial discord and misunderstanding between the contesting parties, therefore, the dispute may be referred to the Mediation Center of Allahabad High Court.
Agreeing to this submission and considering the nature of differences and nature of prosecution between the parties, the Court observed that it would be in the interest of justice to let the parties settle their misgiving and “issue” (if any) in an amicable and congenial way.
Husband Asked To Deposit Money
The Court therefore directed the applicant/husband to deposit a sum of Rs 50,000 with the Mediation Center, of which the entire amount shall be paid to the wife only after the mediation process is over before the Mediation Center. In this case, since the wife is in a precarious condition, the Court asked her parents to appear on her behalf for the purpose of mediation.
Allahabad High Court
However, before parting with the case, the Court noted that it had come to the notice of the Court that parties come for mediation with premeditated design. Further, the Court remarked thus:
The Court refers the matter to the A.H.C.M.C.C. with hope and trust that the parties would utilize this process and platform to have some fruitful result. The process of mediation is not for earning the amount deposited by the applicant.
If the parents of the wife are coming to the Center with a different design in their mind and for only receiving the amount, deposited by the applicant, then this practice has to be deprecated and condemned.
Against this backdrop, in the instant matter, the Court directed that if the parents of wife come and participate in the process of mediation, then the entire amount would not be handed over to them in one go, and the same would be handed over to them in the following manner :
- If the parents of wife approach the Mediation Center in only one date and submit that they are no more interested in the process of mediation or absented themselves from successive occasions without any justifiable reasons, then only 50% of the entire amount deposited by the applicant, would be handed over to them or their representatives or counsel and rest amount would go to the applicant.
- If the contesting parties are coming and participating in the process of mediation for two or more occasions, then only the parents of wife would be entitled for full amount;
- If despite of the due notice to the parents of wife, they do not appear without any justifiable reasons, then the entire amount would be refunded to the applicant.
- In case the aforesaid amount is not deposited by the applicant within the aforesaid period or after depositing the aforesaid amount they fail to participate in the mediation process without any justifiable reason or prior notice, the entire amount would be fortified in the account of Mediation Center and the matter would be remitted to the court concerned immediately and interim order shall be deemed to be vacated automatically. There is no need for any formal order for vacating the stay by the Court.
With this, the matter was remitted to the Mediation Center with the direction that the mediation and conciliation proceedings be concluded preferably within a period of three months after giving notices to both parties.
Thereafter, the case shall be listed on 20.5.2022 after receipt of report of High Court Mediation and Conciliation Center, Allahabad, before appropriate Court.
Lastly, till the next date of listing, the Court directed that no coercive action shall be taken against the applicant in aforesaid case crime, so as to enable the parties to break the ice between them.
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