Raj Kamal Tiwari vs State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

Raj Kamal Tiwari vs State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim consent-based directions pending mediation: out of Rs.2,00,000/- deposited as maintenance arrears, Rs.1,90,000/- to be released and paid to respondent no.2 for the arrears of respondent nos. 2 and 3 in their respective proportion (respondent no.2 to ensure respondent no.3's maintenance is not misused); revisionist to continue paying Rs.15,000/- per month to respondent no.3 directly or by deposit before the concerned family court by the 5th of each month (current month by 10th of July 2025); matter referred to the Mediation and Conciliation Centre with appearance fixed on 21.07.2025.

Issue for consideration

Whether the parties' dispute can be settled through the Mediation and Conciliation Centre of this Court, to which the matter was to be referred. +2 more

Court's answer

Matter referred to the Mediation and Conciliation Centre of this Court; parties directed to appear thereon 21.07.2025.

Ratio / Principle

The Mediation and Conciliation Centre directed to make earnest endeavour to get the matter settled.

Key takeaways

Out of the Rs.2,00,000/- deposited before the Centre, Rs.1,90,000/- ordered to be released and paid to respondent no.2 in respect of the arrears of respondent nos. 2 and 3 in their respective proportion.ratio¶14
Respondent no.2 directed to ensure that the maintenance allowed for respondent no.3 is not misused by her.ratio¶14
As undertaken by the revisionist, he shall continue to pay Rs.15,000/- per month to respondent no.3 from this month.

Detailed headnote1 paragraphs

Criminal Revision No. 574 of 2025 (Raj Kamal Tiwari v. State of U.P. Thru. Prin. Secy. Home Lko. and others), High Court of Judicature at Allahabad, Lucknow Bench (Rajnish Kumar, J.), order dated 2.7.2025: parties submitted readiness to settle their dispute through the Mediation and Conciliation Centre of the Court; matter referred to the Centre with appearance fixed for 21.07.2025, the Centre to make earnest endeavour to obtain settlement. Of the Rs.2,00,000/- deposited by the revisionist before the Centre (per office report) as arrears of maintenance, Rs.1,90,000/- ordered to be released and paid to respondent no.2 (Shikha Pathak) in respect of the arrears of respondent nos. 2 and 3 in their respective proportion, respondent no.2 to ensure that the maintenance allowed for respondent no.3 is not misused by her. As undertaken by the revisionist, he shall continue to pay Rs.15,000/- per month to respondent no.3 from the current month, either directly or by deposit before the concerned family court by the 5th day of every month (for the current month, by 10th of July, 2025). Vakalatnama of Sri Dinesh Kumar Pushpakar for respondent nos. 2 and 3 taken on record; case listed for September 2025. Interim consent-based order referring the matter to mediation; no adjudication of merits; no statute or precedent invoked.

Court No. - 12

Case :- CRIMINAL REVISION No. - 574 of 2025 Revisionist :- Raj Kamal Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others

Counsel for Revisionist :- Vivek Kumar Rai,Ajai Kumar Counsel for Opposite Party :- G.A.

Hon'ble Rajnish Kumar,J.

Sri Dinesh Kumar Pushpakar Advocate has filed his Vakalatnama on behalf of respondent no.2 and 3, which is taken on record.

The revisionist- Raj Kamal Tiwari and respondent no.2 Shikha Pathak are present in Court.

As per office report, Rs.2,00,000/- has been deposited by the revisionist before the Mediation and Conciliation Centre of this Court.

The parties submit that they are ready to settle their dispute through Mediation and Conciliation Centre of this Court.

Learned counsel for the respondent nos. 2 and 3 submits that the arrears of maintenance deposited by the revisionist before the Mediation and Conciliation Centre under the order passed by this Court, may be directed to be released in favour of respondent nos. 2 and 3 and the revisionist may be directed to pay the monthly amount fixed by the family court.

Learned counsel for the revisionist submits that the revisionist has no objection in release of the amount deposited before the Mediation and Conciliation Centre. However, he submits that the respondent no.2 is not entitled for any maintenance and the revisionist is ready to pay monthly amount fixed by the family court to

respondent no.3 regularly and in case the mediation succeeds, then the parties may live together. Even otherwise, revisionist is ready to live with respondent nos. 2 and 3.

In view of the above, the matter is referred to Mediation and Conciliation Centre of this Court, where the parties shall appear on 21.07.2025 .

The Mediation and Conciliation Centre of this Court shall make earnest endevour to get the matter settled.

It is further provided that out of Rs.2,00,000/- deposited by the revisionist before the Mediation and Conciliation Centre, Rs. 1,90,000/- shall be released and paid to respondent no.2, which shall be in respect of the arrears to the respondent nos. 2 and 3 in their respective proportion and the respondent no.2 shall ensure that the maintenance allowed of respondent no.3 is not misused by her.

It is further provided that as undertaken by the revisionist, he shall continue to pay Rs.15,000/- per month to the respondent no.3 from this month, which shall be paid to the respondent no.3 either directly or it shall be deposited before the concerned family court by 5th day of every month. This month, it shall be deposited by 10th of July, 2025.

List this case in the month of September, 2025 showing the name of Sri Dinesh Kumar Pushpakar as counsel for the respondents.

(Rajnish Kumar,J.)

Order Date :- 2.7.2025/dk

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