Mohammad Niyaj vs State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

Mohammad Niyaj vs State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Matter referred to the Mediation and Conciliation Centre of the Court (parties to appear on 15.07.2025); revisionist directed to pay Rs. 3000/- per month to respondent no. 2 from the current month by the 5th of each month, or deposit it in the family court concerned under intimation; Rs. 40,000/- out of the deposited Rs. 50,000/- to be released to respondent no. 2 within ten days; earlier interim order to continue till next listing subject to compliance, failing which its benefit is lost; matter to be listed in September, 2025.

Issue for consideration

Whether the dispute between the revisionist and the respondents should be referred to the Mediation and Conciliation Centre of the Court for settlement. +1 more

Court's answer

The matter is referred to the Mediation and Conciliation Centre of the Court; the parties are to appear before it on 15.07.2025, and the Centre is to make earnest efforts to settle the matter and submit its report.

Ratio / Principle

Pending mediation, the revisionist is to pay Rs. 3000/- per month to respondent no. 2 from the current month, payable by the 5th day of each month, or alternatively deposit the same within that period in the family court concerned under intimation to respondent no. 2.

Key takeaways

Out of the Rs. 50,000/- deposited by the revisionist, Rs. 40,000/- is to be released and paid to respondent no. 2 within ten days.ratio¶12
The interim order granted earlier shall continue till the next date of listing, subject to compliance with this order; in case of violation of any condition, the revisionist shall not be entitled to the benefit of the interim order.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Rajnish Kumar, J.), Criminal Revision No. 497 of 2025, Mohammad Niyaj v. State of U.P. & Others, order dated 2.7.2025: The revisionist (husband) and respondent no. 2 (wife), present in person, submitted that they were ready to settle their dispute through mediation. Accepting this, the Court referred the matter to its Mediation and Conciliation Centre, fixing appearance of the parties on 15.07.2025. As an interim measure, the revisionist, who expressed inability to pay Rs. 6,000/- per month, was directed to pay Rs. 3,000/- per month to respondent no. 2 from the current month, by the 5th day of each month, or deposit the same in the family court concerned under intimation to respondent no. 2; out of the Rs. 50,000/- deposited by the revisionist, Rs. 40,000/- was ordered to be released to respondent no. 2 within ten days. The earlier interim order was directed to continue till the next date, subject to compliance, with loss of its benefit upon violation of any condition. Matter listed in September, 2025.

Court No. - 12

Case :- CRIMINAL REVISION No. - 497 of 2025

Revisionist :- Mohammad Niyaj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Revisionist :- Julfikar Ahmad Counsel for Opposite Party :- G.A.

Hon'ble Rajnish Kumar,J.

Sri Saurabh Srivastava, Advocate has filed his Vakalatnama on behalf of respondent nos. 2 to 4, which is taken on record.

As per the office report, Rs. 50,000/- has been deposited by the revisionist before the Mediation and Conciliation Centre of this Court.

Mohammad Niyaj, revisionist and Smt. Jafrun Bano, respondent no.2 are present in person before this Court.Respondent nos. 3 and 4 are minors and they are being represented by respondent no.2.

The parties submit that they are ready to settle their dispute through mediation and pray for referring the matter to the Mediation and Conciliation Centre of this Court. However, learned counsel for the respondents submits that against the arrears of Rs. 4,00,000/-, considering the request of the revisionist, this Court has reduced the amount to Rs.50,000/- and the respondents require the money for their livelihood and also for attending the proceedings of the mediation, therefore, the present monthly amount fixed by the family court may be directed to be paid to the respondent nos. 2, 3 and 4 .

Learned counsel for the revisionist after seeking

instructions from the revisionist, who is present in person, submits that he is not in a position to pay Rs.6000/- per month to the respondents but he undertakes to pay Rs.3000/- per month to respondent no.2 .

In view of the above, the matter is referred to Mediation and Conciliation Centre of this Court providing herein that the revisionist shall pay Rs. 3000/- per month from this month, which shall be paid by 5th day of each month to the respondent no.2 or it shall be deposited within the same period in the family court concerned under intimation to respondent no.2.

It is further provided that out of the amount of Rs. 50,000/deposited by the revisionist, Rs. 40,000/- shall be released and paid to respondent no.2 within ten days from today.

Parties shall appear before the Mediation and Conciliation Centre of this Court on 15.07.2025 and the Mediation and Conciliation Centre shall make earnest efforts to get the matter settled and submit its report.

List this matter in the month of September, 2025 showing the name of Sri Saurabh Srivastava as counsel for the respondents.

Subject to above, the interim order granted earlier shall continue till the next date of listing. However, in case of violation of any condition of this order, the revisionist shall not be entitled to get the benefit of the interim order passed by this Court.

(Rajnish Kumar,J.)

Order Date :- 2.7.2025 dk/

Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench