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

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

What the court decided

AI extract

Outcome

Interim referral order: matter referred to the Mediation and Conciliation Centre, High Court, Allahabad; opposite party to deposit Rs.25,000/- within three weeks by demand draft (Rs.20,000/- to revisionist no.1 on her first appearance; Rs.5,000/- to remain with the Centre); mediator given three months to report; matter to be listed after three months; case not tied up or part heard. The prayer to allow the revision/modify the Family Court order was not acted upon at this stage.

Issue for consideration

Whether the criminal revision seeking to allow the revision and modify the judgment and order dated 19.04.2025 of the Principal Judge, Family Court (which had allowed the application under Section 125 of Cr.P.C.) should be granted. +1 more

Ratio / Principle

Being satisfied that the nature of the litigation left a chance of resolution through mediation, the Court referred the matter to the Mediation and Conciliation Centre, High Court, Allahabad.

Key takeaways

The opposite party is directed to deposit Rs.25,000/- within three weeks at the Mediation Centre through demand draft, out of which Rs.20,000/- shall be handed over to revisionist no.1 on her first appearance and Rs.5,000/- shall remain deposited with the Centre.ratio¶11
The mediator is allowed three months' time to explore a possible solution and send his report to the court on the outcome of mediation.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Subhash Chandra Sharma, J.), Criminal Revision No. 2786 of 2025 (Smt. Anita Devi v. State of U.P.): revision directed against the Family Court judgment/order dated 19.04.2025 in Criminal Misc. No. 482 of 2018 allowing the application under Section 125 of Cr.P.C. On the opposite party's offer of a Rs.20,000/- bona fide deposit and indication of intent to settle amicably, and the Court's satisfaction that the matrimonial dispute could be resolved through mediation, the matter was referred to the Mediation and Conciliation Centre, High Court, Allahabad. The opposite party was directed to deposit Rs.25,000/- within three weeks by demand draft (Rs.20,000/- to revisionist no.1 on first appearance; Rs.5,000/- retained by the Centre); the mediator was allowed three months to report; the matter is to be listed after three months and shall not be treated as tied up or part heard. The revision claim itself was not adjudicated at this stage.

Court No. - 84

Case :- CRIMINAL REVISION No. - 2786 of 2025

Revisionist :- Smt. Anita Devi And Another Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Mahendra Kumar Sharma Counsel for Opposite Party :- G.A.

Hon'ble Subhash Chandra Sharma,J.

Sri Nishant Dwivedi put in appearance for opposite party no. 2 and filed his Vakalatnama which is taken on record.

Heard learned counsel for the revisionists, learned counsel for the opposite party as well as learned A.G.A. for the State and perused the record.

The present criminal revision has been filed with a prayer to allow the revision and modify the judgment and order dated 19.04.2025 passed by the learned Principal Judge, Family Court in Criminal Misc. No. 482 of 2018 (Smt. Anita and Another Vs. Panch Dev Maurya) allowing application under Section 125 of Cr.P.C. before the family court.

Learned counsel for the opposite party submits that the matter is related to matrimonial dispute and the opposite party has intention to settle the same amicably. Learned counsel further urged that this case may be referred to the Mediation Centre of this Court so that they may have a chance to settle their dispute on their own terms through mediation. In order to show his bona fide the opposite party is ready to deposit Rs.20,000/- to be handed over to the revisionist no.1 on her first appearance before Mediation Centre.

The Court is also satisfied on the basis of the record and the submissions made before it that the nature of litigation is such that there is a chance to resolve the matter through process of mediation and an attempt ought to be made to explore that possibility.

Accordingly, the matter is being referred to the Mediation and Conciliation Centre, High Court, Allahabad.

The opposite party will deposit Rs.25,000/- within three weeks from today at the Mediation Centre through demand draft out of which Rs.20,000/- shall be handed over to the revisionist no.1 on

her first appearance. It is further provided that Rs.5,000/- will remain deposited with the Mediation and Conciliation Centre, High Court, Allahabad.

The mediator is allowed three months' time to find out possible solution of the dispute between the parties and send his report to the court regarding the outcome of mediation.

Put up this matter after three months in the additional cause list before the appropriate Bench along with report of the Mediation and Conciliation Centre.

This case shall not be treated as tied up or part heard with this Bench.

Order Date :- 20.8.2025 Suraj Srivastav

Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad