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2014 Supreme(Megh) 213

MEGHALAYA HIGH COURT
Uma Nath Singh, J.
Kailash Varma - Appellant
Versus
Dushyant Varma - Respondent
CR(P). No. 56 of 2013
Decided On : 15-10-2014

The main legal point established is the court's authority to take measures to instill confidence and prevent domestic violence in family disputes through the use of police personnel and close circuit camera.

Headnote:

Family Dispute - Mediation - CRP NO. 56/2013, CRP NO. 59/2013, CRP NO. 20/2014 - The court discussed the mediation process and the efforts made to settle the family dispute. It directed the posting of police personnel and installation of close circuit camera to instill a sense of confidence in the family members towards each other.

Fact of the Case:

The case involved a protracted family dispute between the husband, wife, and son. Despite reluctance to accept the recommendations of mediators, the parties were willing to stay together under certain conditions.

Finding of the Court:

The court found that there was a crises of confidence among the family members but they still wanted to come closer and stay together, albeit with security measures in place.

Issues: The main issue was the apprehension of false implication in cases of domestic violence and the desire to stay together despite the lack of confidence.

Ratio Decidendi: The court decided to instill a sense of confidence by directing the posting of police personnel and installation of close circuit camera to prevent false allegations and domestic violence.

Final Decision: The court directed the posting of police personnel and installation of close circuit camera in the premises where the family would stay, and scheduled a follow-up with the report of the lady police Sub-Inspector.

Judgment

Uma Nath Singh; Actg; CJ

1. I have heard learned counsel for the parties and perused the proceedings.

2. Amongst the proceedings recorded in the past in CR(P) No. 56/2013, CR(P) No. 59/2013 and CR(P) No. 20/2014, by different benches of this Court, are the following orders which may give a brief background of the case leading to passing of the instant order. The first detailed order of that kind passed by a learned Single Judge dated 13-12-2013 is as:

"BEFORE HON'BLE MR. JUSTICE S.R. SEN CRP NO. 59 OF 2013

13.12.2013

Heard Mr. K Paul, the learned counsel for the petitioner as well as Mr. HS Thangkhiew, the learned senior counsel assisted by Mr. N. Mozika, the learned counsel for the respondent. Issue notice to the respondents.

Since Mr. HS Thangkhiew, the learned senior counsel is present and accepted notice, no formal notice is called for.

From the submissions of the learned counsel for the parties, it appears that both the parties are filing petitions after petitions before different Courts including the Court of Munsiff in spite of the fact that a revision petition is pending before this Court as well as appeal pending before the Addl. Deputy Commissioner.

Considering the facts and circumstances of the case, it is directed that till the appeal is disposed of or any other order is passed by this revisional Court over the subject matter of the case in question, the learned Munsiff or any other Sub-ordinate Court may not consider any Misc. Case without prior permission of the High Court or Appellate Court.

This order is applicable to both the parties.

List this matter after winter vacation.

Sd/- JUDGE"

3. The second order dated 30-1-2014 to facilitate the mediation process between the parties is as under:

"BEFORE HON'BLE MR. JUSTICE S.R. SEN CRP. NO. 59 OF 2013

30.01.2014

Heard Mr. H.S. Thangkhiew, learned Sr. counsel assisted by Mr. N. Mozika, learned counsel appearing for and on behalf of the respondents as well as Mr. K. Paul, learned counsel appearing for and on behalf of the petitioner.

After hearing the submissions advanced by the learned counsel, I am of the considered view that this is a fit case where the matter needs to be referred to a mediator to settle the dispute between the parties amicably, since the subject matter of the dispute involved here between the father, son and mother.

The learned counsel for both the parties suggested the names of Mr. T. Blah (Retd. IAS) and Mr. H.W.T. Syiem (Retd. Chief Secretary, Government of Meghalaya). Considering the suggestions advanced by the learned counsel, accordingly, Mr. T. Blah and Mr. H.W.T. Syiem are hereby appointed as mediators. They are requested to make their best effort to reduce the differences between the parties and to save a family.

In the meantime, it is also directed that all court proceedings be kept in abeyance till a mediator arrives in their decision. Parties to bear expenses for mediation including honorarium to the mediators in consultation with their respective lawyers. Place of mediation will be the Office of the Meghalaya Legal Aid Services Authority, Addl. Secretariat, Shillong or any other place choose by the parties concerned in consultation with the mediators.

Registry is directed to communicate this order to all concerned including Member Secretary, Meghalaya Legal Aid Services Authority, Addl. Secretariat, Shillong.

Mediation process to complete within 2(two) months.

Sd/- JUDGE"

4. It appears that the matter was thereafter adjourned from time to time. However, learned Single Judge, Hon'ble Mr. Justice S.R. Sen, who heard the matter in the beginning on several dates, reused himself from hearing of this matter vide the order dated 28-8-2014 as given below:

"BEFORE HON'BLE MR. JUSTICE S.R. SEN CRP. NO. 20 OF 2014

28.08.2014

Heard Mr. P. Nongbri, learned counsel for the petitioners.

List this matter before any other Bench without me i.e. (Hon'ble Mr. Justice, S.R. Sen, J).

Sd/- JUDGE"

5. The then Hon'ble Chief Justice also heard the matter on various dates and passe

























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