Date of Lok Adalat 08.04.2017

Name of District:  North-West District Rohini.

MT No. 138/16

Smt. Sandhya Shrinath Dhurve & Ors.

Vs.

Shri Shrinath Ekriath Dhurve

 

A petition under Section 125 Cr.P.C for grant of maintenance was filed on behalf of the petitioner/wife against the respondent/husband claiming maintenance on her behalf as well as on behalf of two minor children for a sum of Rs.1 lakh per month along with litigation expenses on 02.05.2016.

As per the case of the petitioner they had been married according to Hindu rites and ceremonies on 27.05.2005 and two children were born out of the wedlock on 23.04.2008 & 17.07.2013 respectively. There were ups and downs in the marriage from time to time which gradually survived but after the birth of baby girl on 17.07.2013, the relations between the husband and wife further deteriorated. Finally, the petitioner/wife was brought along with two minor children by her brother at the parental home in Delhi. In the meantime, father of the petitioner/wife expired on 21.11.2015 and the cremation was attended by her husband and father-in-law but the efforts for reconciliation failed. Finally, the separation resulted in filing of petitioner under Section 125 Cr. P.C by the wife thereby claiming maintenance from the husband.

The matter had been pending since 02.05.2016 and even the mediation proceedings initiated by the Ld. Predecessor failed. After the posting of undersigned in the Family Court, efforts for reconciliation were made afresh and the parties were also referred for counselling. With the intervention of the court and effective counselling, the parties agreed for settlement by living together in a rented accommodation. However, during the course of proceedings despite the willingness of the parties, there still appeared to be a bottleneck as the respondent/husband had a reservation in proceeding to bring back the wife from her parental home despite having agreed to live together as it would invite social stigma from his relatives having conceded to demands of wife. The parties during the process of conciliation also admitted that there was no custom in the families to go for a divorce as they were Astrologers by profession and believed that the bonding of marriage was made in heaven. Finally, during Lok Adalat proceedings, it was suggested that since the Courts also happen to be ‘temple of Justice’ the wife could be taken back from the Lok Adalat itself and the children could be jointly picked by both the parents from the parental home of the wife. The religious orientation of the parties in view of their background beliefs enabled them to agree that the Courts are temple of Justice and the proceedings happily culminated in both the petitioner as well as respondent joining together from the Lok Adalat itself. It was also agreed that steps shall be taken for quashing of FIR lodged under Section 498A/406/34 IPC. The Lok Adalat, as such helped in bringing harmony in the lives of the parties, who had been living separately over a period of about three and a half years since 17.07.2013.