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FA/327/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 327 of 2010
With
CIVIL
APPLICATION No. 4111 of 2010
In
FIRST APPEAL No. 327 of 2010
=========================================================
BHARATBHAI
DHANJIBHAI SURATI – Appellant(s)
Versus
RESHMABEN
D/O VALJIBHAI PREMABHAI PARMAR & 1 – Defendant(s)
=========================================================
Appearance
:
MR
UTKARSH R SHARMA for
Appellant(s) : 1,
NOTICE SERVED for Defendant(s) : 1 – 2.
MR NK
MAJMUDAR for Defendant(s) : 1,
MR DIGVIJAY SISODIYA for
Defendant(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 11/05/2011
ORAL
COMMON ORDER :
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
1. Mr.
Utkarsh Sharma, Ld. Counsel for the appellant states that all arrears
of maintenance shall be cleared within four weeks from today. He
further states that the matter thereafter be referred to the
Mediation Centre for amicable settlement. However, he submitted that
the proceedings for enhancement of the maintenance under section 127
of the Code of Criminal Procedure [Cr. P.C.] may be stayed by this
Court until the report is received from the Mediation Centre.
2. Mr.
Majmudar, Ld. Counsel for the respondents states that there is no
objection for referring the matter to the Mediation Centre, but he
submitted that the arrears may be cleared and instead of staying
proceedings under sec. 127 of the Cr. P.C for enhancement of the
maintenance, he shall instruct his clients to seek adjournment.
3. In
view of the above, the appellant shall clear the arrears of
maintenance within four weeks as declared. The amount shall be
deposited in the trial Court, which shall be permitted to be
withdrawn by the respondents. Further the amount of Rs.5,000/-, which
has been deposited with this Court towards probable costs, if not
withdrawn, shall be permitted to be withdrawn by the respondents.
4. After
it is declared by the applicant that the arrears will be cleared as
per the declaration made before this Court, the reporting shall
accordingly be made by him in the present proceedings and thereafter,
the matter shall be referred to the Mediation Centre for settlement.
An attempt shall be made to settle the matter between husband and
wife, preferably within a period of three months. In case the
settlement is not arrived at, the matter shall be placed on judicial
side.
5. In
the event the declaration for clearance of maintenance is not
complied with, it would be open to the respondents to move this
Court. Further, if the arrears is cleared as declared and the matter
is referred to the Mediation Centre as recorded hereinabove, the
respondents shall seek adjournment in the proceedings under section
127 of the Cr. P.C. Office to list the matter thereafter. D.S.P.
[
JAYANT PATEL, J. ]
[
J.C. UPADHYAYA, J.]
* Pansala.
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