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

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

What the court decided

AI extract

Outcome

Interim reference to mediation: the criminal revision (challenging dismissal of the maintenance application) is referred to the Mediation and Conciliation Centre of the Court, subject to respondent no. 2 depositing Rs. 10,000/- within two weeks (Rs. 5,000/- to the revisionist, Rs. 5,000/- mediation fee); mediation to be concluded preferably within two months; matter to be listed fresh after three months with the Mediation Centre's report. The revision itself was not finally decided.

Issue for consideration

Whether the dispute between the parties, being matrimonial in nature, may be resolved through mediation/conciliation instead of adjudication of the criminal revision against dismissal of the maintenance application.

Court's answer

The matter is referred to the Mediation and Conciliation Centre of the Court, subject to the condition that respondent no. 2 deposits Rs. 10,000/- within two weeks, out of which Rs. 5,000/- is to be paid to the revisionist on the date fixed for her appearance before the Mediation Centre and Rs. 5,000/- retained by the Mediation Centre as mediation fee.

Ratio / Principle

Upon deposit of the amount by respondent no. 2, the Mediation Centre shall issue notice to the parties fixing a date for mediation and make all possible efforts to conclude the mediation and conciliation proceedings expeditiously, preferably within two months.

Key takeaways

The matter is to be listed after three months as fresh, along with the report of the Mediation Centre, before the appropriate Bench.ratio¶9

Detailed headnote1 paragraphs

Allahabad High Court (Ram Manohar Narayan Mishra, J.), Criminal Revision No. 1736 of 2024 — Arti Devi v. State of U.P. & Anr. (order dated 21.3.2025): Revision against the judgement and order dated 18.03.2024 of the Principal Judge, Family Court, Fatehpur in Maintenance Case No. 440 of 2021 under Section 125 Cr.P.C., whereby the revisionist's maintenance application was dismissed. On the revisionist's counsel submitting that the dispute is matrimonial and may be resolved through mediation, with no objection from respondent no. 2's counsel, the Court referred the matter to the Mediation and Conciliation Centre of the Court subject to respondent no. 2 depositing Rs. 10,000/- within two weeks — Rs. 5,000/- to be paid to the revisionist on the date fixed for her appearance and Rs. 5,000/- retained as mediation fee. The Mediation Centre was directed to issue notice and conclude proceedings expeditiously, preferably within two months; the matter is to be listed fresh after three months with the Mediation Centre's report before the appropriate Bench. The revision was not decided on merits.

Court No. - 79 Case :- CRIMINAL REVISION No. - 1736 of 2024 Revisionist :- Arti Devi Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Jai Singh Parihar Counsel for Opposite Party :- G.A.,Rahul Mishra

Hon'ble Ram Manohar Narayan Mishra,J.

Heard learned counsel for the revisionist, learned counsel for the opposite party no. 2 and the learned A.G.A. for the State.

Instant criminal revision has been preferred against the judgement and order dated 18.03.2024 passed by learned Principal Judge, Family Court, Fatehpur in Maintenance Case No. 440 of 2021, under section 125 Cr.P.C. whereby application of the revisionist for maintenance has been dismissed.

Learned counsel appearing for the revisionist submitted that the dispute between the parties is of matrimonial nature and same may be resolved through process of mediation therefore one effort is desired to get the matter settled through mediation.

Learned counsel for the respondent no. 2 raised no objection regarding the prayer made by learned counsel for the revisionist.

In view of the above, it is directed that matter is referred to the mediation and conciliation center of this Court subject to the condition that respondent no. 2 shall deposit sum of Rs. 10,000/within two weeks from today with the Mediation Centre of this Court, out of which Rs. 5,000/- shall be paid to the revisionist, on the date fixed, for her appearance before the Mediation Centre and Rs. 5000/- shall be retained by the Mediation Centre as mediation fee.

The matter is remitted to the Mediation Centre of this Court with the direction that after deposit of such amount, by the respondent no. 2, it shall issue notice to the parties fixing some date for mediation and shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously, preferably within a period of two months.

Let this matter be listed after three months as fresh along with the report of Mediation Centre, before appropriate Bench.

Order Date :- 21.3.2025/SY

Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad