498a and divorce
Santosh kumar Sonker
(Querist) 31 August 2010
This query is : Open
sir, kripa bataye ki mera ex parte divorce 21/10/2009 ko ho gaya.meri wife ne divorce ka 27/07/2009 ka jabalpur(MP) family court ka notice lene se mana kar diya aur kanpur ke thane me 498a ke tahat 02/08/2010 ko FIR meri family or 13 logo ke khilaf darj karwa diya.maine allahabad high court se stay liya stay chargesheet tak raha. chargesheet bhi pesh hui usme police ek bhi naam nahi hataya sabhi ke khilaaf chargesheet pesh kar di.maine chargesheet ke khilaaf allahabad high court me apeal ki parantu high court mediation and concilition centre me case pahucha diya. mere case divorce 21/10/2009 ko ho gaya aur maine local court se 21/08/2010 ko dusri shaadi bhi kar lee. ab aap mujhe bataye ki aise me kya hoga. high court ka order yah hai-
"Heard learned counsel for the applicants and the learned A.G.A.The dispute seems to be between husband and wife. Having gone through the record, I primafacie find that the parties should be given a chance to settle their differences on their own terms
through the process of mediation and conciliation.Let this order be placed before the Registrar/Inchargeof 'Allahabad High Court Mediation and Conciliation Centre'. The Registrar/Incharge of the Mediation Centre will issue notices to both
the parties fixing a date for their personal appearances at the centre before the mediator by the Organizing Secretary of the Mediation Centre.
Mediator/Conciliator is allowed three months' time to find a possible solution of disputes between the parties.
The case will be listed before the appropriate Bench in week commencing 29.11.2010 along with the report of conciliator. The applicants are directed to deposit Rs. 10,000/- at the Mediation Centre within one week for the expenses to be borne by respondent no. 2 and he will also take steps to serve respondent no. 2
through registered post within three days form today. The applicants undertake to appear at the Mediation Centre on every date fixed for mediation.
Meanwhile, further proceedings of Case crime No. 1031 of 2009, under Sections 498A, 323, 504,506 IPC and ¾ D.P. Act, P.S. Kalyanpur, Distrt Kanpur Nagar shall remain stayed.In case of default in deposit of Rs. 10,000/- or to appear before the Mediation Centre on the date fixed, whichever is earlier the stay order shall stand automatically vacated.
The report of the Mediation Centre will include a note about the deposit of Rs. 10,000/- and appearances of the applicants on the date fixed at the Mediation Centre.
Order Date :- 11.8.2010
