Apex Court refers matrimonial matter to mediation, directs husband to pay R 50000

JAMMU, SEP 13: The Supreme Court of India bench comprising of Justice J Chelameshwar and Justice S Abdul Nazeer entertained an SLP and issued notice in SLP against J&K HC judgment passed wherein J&K High Court had quashed a complaint of girl/wife namely Palavi Sharma.
It may be mentioned that J&K High Court had allowed the quashing petition of Ram Nath Sharma, Siddarth Sharma and others who had challenged the charge order, charge-sheet and FIR under section 498-A and the High Court had quashed all proceedings against the husband, father in law, mother in law and others.
This order of J&K High Court was challenged by wife Palavi Sharma before the Supreme Court of India and the Apex Court entertained the SLP against the order of High Court of J&K and issued notice after hearing Advocate Aseem Sawhney with Vinay Raina and Dharendra Kumar Sinha AoR for petitioner – girl/wife and Sr Adv Meenakshi Arora with P D Sharma AoR for caveator for husband, his family.
On request of Sr Adv the Court referred the matter for mediation and directed the husband to bear air travel expenses alongwith lodging etc with one person accompanying her for mediation in the Supreme Court.
The Cognizance of the SLP is significant as JK High Court had laid the law while dismissing the challan and FIR of 498-A RPC that it is a counterblast to divorce petition and also was delayed.
Adv Aseem Sawhney submitted that a girl never goes to the Police Station as a knee jerk reaction and waited for reconciliation and thats what the petitioner did. Further, he submitted that the impugned judgment of HC was paradoxical as on the same day it held in another case of parties that domestic violence was prima-facie committed while dismissing 561 petition against DV Act case but in the impugned judgment gave ironical findings and quashed the challan and FIR under 498 A-RPC. On hearing the submissions of Adv Sawhney, the Supreme Court was convinced to entertain the SLP and issue notice. (JNF)