Narendra Kumar and 5 Others vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Narendra Kumar and 5 Others vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim order (not final disposal): matter referred to Mediation and Conciliation Centre with appearance fixed for 04.12.2025; no coercive action for recovery of maintenance arrears during pendency, conditional on continued payment of Rs.4,000/- per month maintenance (default vacates protection); case to be listed on 05.02.2026 along with the mediation report.

Issue for consideration

Whether interim protection from coercive recovery of arrears of maintenance (Rs.4,000/- per month) awarded by the Family Court, Lucknow vide order dated 02.11.2023 should continue during pendency of the Section 482 petition and the mediation proceedings.

Court's answer

As both parties were ready to settle the dispute amicably, the matter was referred to the Mediation and Conciliation Centre of the Court, with both parties to appear before it on 04.12.2025.

Ratio / Principle

Interim protection granted: during pendency of the petition, including mediation proceedings, no coercive action shall be taken against the applicants for recovery of arrears in terms of the impugned Family Court order dated 02.11.2023, conditional on the applicant continuing to pay Rs.4,000/- per month as maintenance; on default, the interim protection stands deemed vacated.

Key takeaways

If the mediation/settlement fails, the interim order would be extended only after hearing the learned counsel for the applicants on merits.ratio¶21

Detailed headnote1 paragraphs

Interim order in an application under Section 482 arising out of a Family Court, Lucknow maintenance order dated 02.11.2023 (Rs.4,000/- per month). Applicant no.1 Narendra Kumar and opposite party No.2 Shivani Valmiki appeared pursuant to the Court's order dated 17.10.2025; a draft of Rs.30,000/- produced by applicant no.1 was handed over to opposite party No.2. Both parties being ready to settle amicably, the matter was referred to the Mediation and Conciliation Centre (appearance fixed 04.12.2025). It was directed that, provided the applicant continues to pay Rs.4,000/- per month maintenance during pendency of the petition including mediation, no coercive action shall be taken for recovery of arrears in terms of the impugned order; on default the interim protection stands deemed vacated; and if mediation/settlement fails, extension of the interim order shall be considered only after hearing the applicants' counsel on merits. Case listed for 05.02.2026 with the mediation report.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 8981 of 2025

Narendra Kumar And 5 Others

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And Another

.....Opposite Party(s)

Counsel for Applicant(s) : Piyush Pathak, Himadri Goswami, Kapil Kumar Yadav Counsel for Opposite Party(s) : G.A.

Court No. - 13

HON'BLE SAURABH LAVANIA, J.

Vakalatnama filed on behalf of opposite party No.2 by Shri Shahid Raza, Advocate is taken on record.

In compliance of this Court's order dated 17.10.2025, applicant no.1 Narendra Kumar and opposite party No.2 - Shivani Valmiki, are present before the court duly identified by their respective counsel.

In compliance of this Court's order, the applicant no.1 has produced before this Court the draft of Rs.30,000/- (Rupees Thirty Thousand only) and the same has been handed over to the opposite party No. 2 - Shivani Valmiki.

Both the parties are ready to settle the dispute amicably by way of mediation, as such, the matter is referred to the Mediation and Conciliation Centre of this Court.

Both the parties shall appear before the Mediation and Conciliation Center of this Court on 04.12.2025.

List/put up this case before this Court on 05.02.2026 along with the report of Mediation and Conciliation Center of this Court, showing name of Shri Shahid Raza Advocate in the cause list as counsel for the opposite party No.2.

In case the revisionist continues to pay Rs.4,000/- per month, on each and every month as maintenance amount, as awarded by the Family Court,

A482 No. 8981 of 2025

2

Lucknow vide order dated 02.11.2023, during pendency of this petition including the mediation proceedings, it is provided that no coercive action shall be taken against the applicants for the purposes of recovery of arrears of amount in terms of impugned order. In default, the interim protection by this order shall be deemed to be vacated.

It is also made clear that if the mediation/settlement fails, the interim order would be extended only after hearing the learned counsel for the applicants on merits.

(Saurabh Lavania,J.)

November 26, 2025

Arti/-

Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench