Hashmat Ali @ Hashmat vs State of U.P. Thru. Secy… — Maintenance and Alimony | Allahabad HC (2025)

Hashmat Ali @ Hashmat vs State of U.P. Thru. Secy… — Maintenance and Alimony | Allahabad HC (2025)

What the court decided

AI extract

Outcome

The revision was not decided; the matter was referred to the Mediation and Conciliation Centre, High Court Lucknow Bench, Lucknow, conditional on the revisionist depositing Rs.25,000/- within three weeks by demand draft (Rs.20,000/- to opposite party no.2 on her first appearance; Rs.5,000/- retained by the Centre), with three months allowed to the mediator, continued payment of current monthly maintenance, and stay of recovery of arrears; matter to be relisted after three months with the mediation report.

Issue for consideration

Whether the criminal revision arising from a matrimonial dispute (maintenance matter under Section 125 (3) Cr.P.C.) should be referred to mediation, given the possibility of amicable settlement. +1 more

Court's answer

The Court, satisfied that the nature of the litigation offers a chance of resolution through mediation, referred the matter to the Mediation and Conciliation Centre, High Court Lucknow Bench, Lucknow.

Ratio / Principle

The revisionist is directed to deposit Rs.25,000/- within three weeks at the Mediation Centre through demand draft, out of which Rs.20,000/- is to be handed over to opposite party no.2 on her first appearance.

Key takeaways

Of the deposit, Rs.5,000/- shall remain deposited with the Mediation and Conciliation Centre, High Court Lucknow Bench, Lucknow.ratio¶10
The mediator is allowed three months' time to find a possible solution of the dispute between the parties and send his report.ratio¶11
The matter is to be put up after three months in the additional cause list before the appropriate Bench, along with the report of the Mediation and Conciliation Centre.

Detailed headnote1 paragraphs

Criminal Revision (Allahabad High Court, Lucknow Bench, Subhash Chandra Sharma, J.) against Family Court order dated 11.03.2025 in Criminal Case No. 1037 of 2022 under Section 125 (3) Cr.P.C. - matter, being a matrimonial dispute with settlement prospects, referred to the Mediation and Conciliation Centre, High Court Lucknow Bench. Conditions: revisionist to deposit Rs.25,000/- within three weeks by demand draft at the Centre (Rs.20,000/- to opposite party no.2 on her first appearance; Rs.5,000/- retained by the Centre); mediator allowed three months to report; matter to be listed after three months before the appropriate Bench with the mediation report; case not tied up or part heard with this Bench. Interim arrangement: revisionist to continue paying current monthly maintenance from the date of order; recovery of arrears from the date of application to the date of order stayed.

Court No. - 11

Case :- CRIMINAL REVISION No. - 676 of 2025

Revisionist :- Hashmat Ali @ Hashmat Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And 2 Others Counsel for Revisionist :- Gyan Prakash Counsel for Opposite Party :- G.A.

Hon'ble Subhash Chandra Sharma,J.

Heard learned counsel for the revisionist 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 set aside the impugned judgment and order dated 11.03.2025 passed by the learned Additional Principal Judge, Family Court No. 1, Sitapur in Criminal Case No. 1037 of 2022 under Section 125 (3) Cr.P.C.

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.20,000/- to be handed over to the opposite party no.2 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 Lucknow Bench, Lucknow.

The revisionist 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 opposite party no.2 on her first appearance. It is further provided that Rs.5,000/- will remain deposited with the Mediation and Conciliation Centre, High Court Lucknow Bench, Lucknow.

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

Order Date :- 24.6.2025 Suraj Srivastav

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