Disposed

Jitendra Kumar v. State of Up and Another

Allahabad HC24 Apr 2025CRLR/641/2024

Case brief

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What is this about?

Criminal revision challenging a Family Court order under Section 125 CrPC awarding maintenance. The court found scope for amicable settlement of the underlying matrimonial dispute and referred the matter to the Mediation and Conciliation Centre with a monetary deposit, interim payment obligations and a stay on arrears recovery.

What did the court decide?

Matter referred to Mediation Centre; recovery of maintenance arrears stayed subject to continued payment of current monthly maintenance.

Jitendra Kumar vs State of Up and Another — Maintenance and Alimony | Allahabad HC (2025)

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Court No. - 79

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Case :- CRIMINAL REVISION No. - 641 of 2024

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Revisionist :- Jitendra Kumar Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Vijay Singh Sengar Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the record.

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The present criminal revision has been filed with prayer to allow the revision and set aside the judgment and order dated 21.11.2023 passed by Additional Principal Judge, Family Court, Jalaun at Orai in Criminal Case No. 565 of 2020 (Smt. Bhawana Devi Vs. Jitendra Kumar), under Section 125 Cr.P.C. Police Station Kotwali Jalaun, District Jalaun.

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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.50,000/- to be handed over to the opposite party no. 2 on their first appearance before Mediation.

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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.

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Accordingly, the matter is being referred to the Mediation and Conciliation Centre, High Court, Allahabad. The revisionist will deposit Rs.55,000/- within one month from today at the Mediation Centre through demand draft out of which Rs.50,000/- shall be handed over to the opposite party no.2 on their first appearance. It is further provided that Rs.5,000/- will remain deposited with the Mediation and Conciliation Centre, High Court, Allahabad.

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

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the court regarding the outcome of mediation.

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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.

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

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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. If any amount paid by the revisionist in favour of wife that will be subjected to adjustment.

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Order Date :- 24.4.2025 Anurag Singh

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

Jitendra Kumar v. State of Up and Another

Case brief

What is this about?

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Jitendra Kumar v. State of Up and Another

Case brief

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