ALLAHABAD HIGH COURT
J.C.S.Rawat
SANJAY
Versus
STATE OF UTTARANCHAL
Decided On : 25 February 2006
CMA No. 791 of 2005
498-A Misuse - Matrimonial Dispute - The court directed the parties to appear before the Marriage Counselling Cell for reconciliation, emphasizing the rampant misuse of section 498-A and the need for amicable settlements in matrimonial disputes.
Fact of the Case:
The matter pertains to a matrimonial dispute, and the court noted the rampant misuse of section 498-A in certain districts.
Finding of the Court:
The court directed both parties to appear before the Marriage Counselling Cell for reconciliation, emphasizing the need for amicable settlements in matrimonial disputes.
Issues: Matrimonial dispute, misuse of section 498-A, reconciliation
Ratio Decidendi: Emphasizing the need for amicable settlements in matrimonial disputes and the rampant misuse of section 498-A.
Final Decision: Parties directed to appear before the Marriage Counselling Cell for reconciliation, with the option to file a compromise petition if an amicable settlement is reached.
Heard Sri Pawan Kumar learned coun sel for the applicants.
2. Sri Lok Pal Singh learned advo cate has accepted notice on behalf of the respondent no. 2.
3. Till the next date of listing, fur ther proceedings in complaint No. 281/ 2005 pending before the First Addl. Civil Judge (J. D.)/ Judicial Magistrate, Haridwar shall remain stayed.
4. The matter pertains to the matrimonial dispute. It has been held by the Division Bench of this Court in W. P. No. 939/ 2004 (M/b) Vipin Kumar Singh Vs. State of Uttaranchal 2004 (2) U. C. 1312 that there is a rampant misuse of section 498-A, particularly, in the districts of Udham Singh Nagar, Haridwar and Dehradun and in some way, district of Nainital also. The Division Bench has directed the State of create the Marriage Counselling Cells so that the matrimonial disputes can be set tled amicably.
5. Therefore, I direct both the parties to appear before the Marriage Counselling Cell, 20th March, 2006 for reconciliation. If the parties are not entered into an amicable settle ment, the Marriage Counseling Cell will fix the date for further reconcili ation. If the parties are ready to en ter into an amicable settlement, they shall file the compromise petition before the court concerned and the court concerned will verify the com promise petition in accordance with law.
6. The Marriage Counseling Cell will submit its report within fifteen days from the date fixed by this Court.
List thereafter.
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