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

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

What the court decided

AI extract

Outcome

Referral of the revision to the Mediation and Conciliation Centre, High Court, Allahabad with conditional deposits; interim direction that the revisionist continue paying the current monthly maintenance and stay of recovery of arrears of maintenance; matter to be listed after three months along with the mediation report.

Issue for consideration

Whether the judgment and order dated 05.03.2025 passed by the Principal Judge, Family Court, Etawah in Maintenance Case No. 482 of 2021 under Section 125 Cr.P.C. should be set aside in this criminal revision. +1 more

Court's answer

In the meantime, the revisionist is to continue paying the current amount of monthly maintenance to the opposite party, and recovery of arrears of maintenance from the date of application to the date of order is to remain stayed.

Ratio / Principle

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

Key takeaways

The matter was referred to the Mediation and Conciliation Centre, High Court, Allahabad.ratio¶10
The revisionist was directed to deposit Rs. 1,50,000/- within thirty days at the Mediation Centre through demand draft, out of which Rs. 1,45,000/- is to be handed over to opposite party no. 2 on her first appearance, Rs. 1,25,000/- is subject to adjustment in the amount of arrears of maintenance, and Rs. 5,000/- is to remain deposited with the Mediation and Conciliation Centre.ratio¶10
The mediator was allowed three months' time to find a possible solution to the dispute and to send his report to the Court on the outcome of mediation; the matter is to be put up after three months in the additional cause list along with the report of the Mediation and Conciliation Centre, and shall not be treated as tied up or part heard with this Bench.

Detailed headnote1 paragraphs

Criminal Revision No. 2800 of 2025 (Narendra Yadav v. State of U.P. and Another), decided on 5.8.2025 by Subhash Chandra Sharma, J., High Court of Judicature at Allahabad: revision filed to set aside the judgment and order dated 05.03.2025 of the Principal Judge, Family Court, Etawah in Maintenance Case No. 482 of 2021 (Smt. Preeti Yadav Vs. Narendra Yadav) under Section 125 Cr.P.C., P.S. Bharthana, District Etawah. On the submission that the matter is a matrimonial dispute capable of amicable settlement, and finding a chance of resolution through mediation, the Court referred the matter to the Mediation and Conciliation Centre, High Court, Allahabad, directing the revisionist to deposit Rs. 1,50,000/- within thirty days through demand draft, of which Rs. 1,45,000/- is to be handed to opposite party no. 2 on her first appearance, Rs. 1,25,000/- is subject to adjustment against arrears of maintenance, and Rs. 5,000/- is to remain with the Centre. The revisionist is to continue paying current monthly maintenance; recovery of arrears from the date of application to the date of order is stayed in the meantime. The interim order lapses automatically on failure of deposit, non-payment of current maintenance, or failure of mediation. The mediator has three months to report; the matter is to be listed after three months with the Centre's report and is not treated as tied up or part heard with the Bench.

Court No. - 84

Case :- CRIMINAL REVISION No. - 2800 of 2025

Revisionist :- Narendra Yadav Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Arvind Kumar Yadav,Parmeshwar Yadav

Counsel for Opposite Party :- G.A.

Hon'ble Subhash Chandra Sharma,J.

Heard learned counsel for the revisionist 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 set aside the judgment and order dated 05.03.2025 passed by the learned Principal Judge, Family Court, Etawah in Maintenance Case No. 482 of 2021 (Smt. Preeti Yadav Vs. Narendra Yadav) under Section 125 Cr.P.C., Police Station Bharthana, District Etawah and further prays to stay the effect and operation of the aforesaid order.

Learned counsel for the revisionist submits that the matter is related to matrimonial dispute and the revisionist 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 revisionist is ready to deposit Rs. 1,45,000/- to be handed over to the opposite party no. 2 on her first appearance before Mediation.

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 revisionist will deposit Rs. 1,50,000/- within thirty days from today at the Mediation Centre through demand draft out of which Rs.1,45,000/shall be handed over to the opposite party no.2 on her first appearance out of which Rs.1,25,000/- shall be subject to the adjustment in the amount of arrears of maintenance. 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.

In the meantime, the revisionist will continue to pay the current amount of monthly maintenance to the opposite party and recovery of arrears from the date of application to the date of order will remain stayed.

However, if the revisionist fails to make deposit as aforesaid or to pay the current amount of maintenance or the mediation fails, the interim order will automatically come to an end.

Order Date :- 5.8.2025 Anurag Singh

Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad