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Darsh_KEWAT


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The present matter arises out of cross appeals which have been filed against the judgment and order dated 9.11.2023 passed by the Principal Judge, Family Court, Unnao wherein a decree of judicial separation was passed. The present appeal has been preferred by Smt Anima (wife) while First Appeal No. 167 of 2024 has been preferred by the husband. The proceedings in the present case were instituted by the husband by moving an application under Section 13 of the Hindu Marriage Act, In the said application, it was stated that he was married according the Hindu rites and rituals with respondent and started living together in the matrimonial home in District Unnao. The wife lived for two days alongwith family of the husband and subsequently again resided with him for ten days thereafter left and went to house of her parents. On the last occasion the attitude of wife towards her husband and his family members was not friendly and she was ready to pick up fight with them. The wife again came during Holi festival to her matrimonial home and informed the husband that it is not possible for her to stay in such a big house alongwith her in laws as there were constant fight with them and continued to live in the matrimonial home till August 2011 and thereafter left and started living with her parents. Subsequently, his wife came to her matrimonial home in January 2012, one day before Makar Sankranti, and thereafter finally left the matrimonial home and went to her parental home with all her belongings and did not return back. During the aforesaid period, his wife conceived and became pregnant. The father of the appellant-husband made many efforts to call her back, but she refused. the appellant-husband came to know that his wife was admitted in a hospital, where she gave birth to a girl child and the entire hospital expenses were borne by him. He has stated that his wife severely harassed his family by her cruel and short-tempered behaviour. She also lodged a false case with the police, causing severe harassment to him and his family members. This is specially assigned matter in which the mediation is successful. This application under has been filed by the applicants to quash the entire proceedings of Case No. arising out of Case Crime under Dowry Prohibition Act, P.S. Mahila Police Paramarsh Kendra Ganjdundwara, District-Kasganj, pending in the court of Civil Judge, cognizance / summoning order contended by learned counsel for the parties that the dispute is matrimonial in nature for which FIR has been registered. The parties have settled their dispute through mediation in mediation settlement agreement which is on record. Hence, seeks interference of this Court to quash the criminal proceeding, inter alia, on the ground of compromise. Learned counsel for the opposite party no.2 has admitted the factum of compromise and its verification. The order is reiterated underneath:- Heard Mr. Ramesh Chandra Tiwari, learned counsel for the applicants and learned A.G.A. for the State. In compliance of earlier order learned counsel for the applicants, to show his bonafide, has come up with a Demand Draft bearing issued from State Bank of India, Allahabad High Court Branch, Smt. Anshika Mishra, which is kept on record. Learned counsel for the applicants requests that matter may be referred to mediation centre. Learned counsel for the opposite party no.2 has consented for the same. Office is directed to deposit the aforesaid demand draft before Incharge Mediation & Conciliation Centre, High Court Allahabad, after retaining the photo-copy of the same. Accordingly, the matter is referred to Mediation & Conciliation Centre of this Court. Office shall send a notice to the opposite party no.2 to appear in the mediation proceedings. The aforesaid demand draft of handed over to the opposite party no.2 on her appearance twice before the Mediation and Conciliation Centre and rest of the amount shall be deposited in favour of Mediation Centre. The Mediation Centre will submit its report in the matter within three months. Issue notice to opposite party no.2 returnable at an early date. List this case after three months along with the report of Mediation Centre. Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.
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Precvičovanie textu - Čas 1313 - English

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