Avinash Singh vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2025)

Avinash Singh vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Matter referred to the Allahabad High Court Mediation and Conciliation Centre on the revisionist's request, conditioned on deposit of Rs.20,000/- within two weeks (default causing automatic vacation of the mediation order); mediation to conclude within two months; case to be listed fresh after three months with the Mediation Centre's report; expressly no interim order passed in the revision.

Issue for consideration

Whether the criminal revision, having arisen out of a matrimonial dispute between the parties, should be referred to the High Court Mediation Centre for amicable settlement instead of being adjudicated forthwith.

Court's answer

On the submission of the revisionist's counsel (with no objection from learned counsel for opposite party no.2), the Court found it fit to refer the matter for mediation before the Allahabad High Court Mediation and Conciliation Centre, subject to the directions set out in the order.

Ratio / Principle

The revisionist is directed to deposit Rs.20,000/- before the Mediation Centre within two weeks, out of which Rs.15,000/- shall go to opposite party no.2 as her expenses to appear in the mediation process and Rs.5,000/- shall be defrayed towards the cost of mediation.

Key takeaways

If the revisionist defaults either in depositing the amount or in appearing before the Mediation Centre on the date fixed, the order for mediation shall stand automatically vacated.ratio¶10
The Mediation Centre shall make every effort to dispose of the process of mediation within two months.ratio¶11
The case is to be listed after three months as fresh, along with the report of the Mediation Centre, before the appropriate Bench.ratio

Detailed headnote1 paragraphs

CRIMINAL REVISION No. 1173 of 2024, High Court of Judicature at Allahabad (Court No. 80), Hon'ble Ram Manohar Narayan Mishra, J., Order Date 11.3.2025. Avinash Singh (husband/revisionist) challenged the order dated 12.12.2023 of the Principal Judge, Family Court, Jhansi in Misc. Case No. 921 of 2021 (Smt. Khushbu Singh Vs. Avinash Singh) under Section 125 Cr.P.C., which had directed him to pay Rs.10,000/- per month to his wife (opposite party no.2) from 12.10.2021, with interim maintenance paid to be adjusted towards the final amount. At the outset, counsel for the revisionist requested referral to mediation on the ground that the matrimonial dispute was likely to be settled amicably; counsel for opposite party no.2 raised no objection. The Court referred the matter to the Allahabad High Court Mediation and Conciliation Centre, directing the revisionist to deposit Rs.20,000/- within two weeks — Rs.15,000/- to the wife as her expenses and Rs.5,000/- towards mediation cost — failing which, or on failure to appear on the fixed date, the mediation order would stand automatically vacated. The Mediation Centre was asked to conclude the process within two months; the case is to be listed after three months as fresh with the mediation report; and it was expressly clarified that no interim order was passed in the revision.

Court No. - 80

Case :- CRIMINAL REVISION No. - 1173 of 2024

Revisionist :- Avinash Singh Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Gaya Prasad Mishra,Shikher Trivedi Counsel for Opposite Party :- G.A.,Mahesh Kumar

Hon'ble Ram Manohar Narayan Mishra,J.

Instant criminal revision has been preferred against the order dated 12.12.2023 passed by the Principal Judge Family Court, Jhansi in Misc. Case No. 921 of 2021 (Smt. Khushbu Singh Vs. Avinash Singh) under Section 125 Cr.P.C. whereby the revisionist has been directed to pay Rs.10,000/- per month to opposite party no.2 (wife) from the date of filing of application i.e. 12.10.2021. It is also directed in the impugned order that any amount paid by revisionist as the interim maintenance shall be liable to be adjusted towards final order of revision.

At the outset, learned counsel for revisionist submits that matter having arisen out of matrimonial dispute between the parties and is likely to be settled through process of mediation. Therefore, the matter may be referred to Mediation Centre of this Court for arriving at amicable settlement between the parties.

Learned counsel for opposite party no.2 has no objection.

In view of the above, I fit it fit to refer the matter for mediation before the Allahabad High Court Mediation and Conciliation Centre subject to following directions:-

The revisionist shall deposit Rs.20,000/- before Allahabad High Court Mediation Center, out of which Rs.15,000/- shall be to the opposite party No.2 as her expenses to appear in the process of mediation, and Rs.5,000/- shall be defrayed towards cost of mediation. The amount be deposited within two weeks before the High Court Mediation Centre, and parties will appear before the Mediation Centre after receiving the notice form Mediation Centre.

It is made clear that in case there occurs default by the revisionist either in depositing the amount or in appearing before the Mediation Centre on the date fixed shall result in automatic vacation of order for mediation. The Mediation Centre will make

every effort to dispose off the process of mediation within two months.

List this case after three months as fresh along with the report of Mediation Centre, before appropriate Bench.

It is clarified that no interim order has been passed in the instant criminal revision.

Order Date :- 11.3.2025 Md Faisal

Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad