Kulendra Singh vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Kulendra Singh vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Conditional interim protection from coercive recovery of arrears of the Family Court, Unnao maintenance order dated 28.11.2024, contingent on continued monthly payment of maintenance during pendency (including mediation); matter referred to the Mediation and Conciliation Center with parties to appear on 15.10.2025; case to be put up on 15.12.2025 with the mediation report.

Issue for consideration

Whether, pending the criminal revision, coercive action for recovery of arrears of the maintenance awarded by the Family Court, Unnao (order dated 28.11.2024) should be withheld from the revisionist, and on what conditions such protection stands or falls. +2 more

Court's answer

Condition of interim protection: the revisionist must continue to pay the maintenance amount awarded by the Family Court, Unnao vide order dated 28.11.2024 on each and every month during pendency of the revision petition, including the mediation proceedings.

Ratio / Principle

As both parties were ready to settle the dispute amicably by way of mediation, the Court referred the matter to the Mediation and Conciliation Center of the Court and directed both parties to appear before it on 15.10.2025.

Key takeaways

Subject to that continued monthly payment, no coercive action shall be taken against the revisionist for recovery of arrears of amount in terms of the impugned order during pendency, including mediation proceedings.ratio¶19
Default clause: in default of the continued monthly payment of maintenance, the interim protection granted by this order shall stand deemed vacated.ratio¶19
If the mediation/settlement fails, the interim order would be extended only after hearing the learned counsel for the revisionist on merits.

Detailed headnote1 paragraphs

Criminal Revision No. 940 of 2025, High Court of Judicature at Allahabad (Lucknow Bench), Court No. 11, Hon'ble Saurabh Lavania, J. — order dated September 24, 2025; Kulendra Singh (Revisionist) v. State of U.P. Thru. Prin. Secy. Home Lko. and another (Opposite Party No.2: Smt. Priya). Compliance with the Court's earlier order dated 29.08.2025 was recorded: both parties appeared and were identified by their respective counsel (Shri/Hari Anuj Bahadur Sinha for the revisionist; Shri Srees Kumar Srivastava for opposite party No.2, whose vakalatnama was taken on record), and a draft of Rs.50,000/- (Rupees Fifty Thousand only) was handed over to opposite party No.2. As both parties were ready to settle the dispute amicably, the matter was placed before the Mediation and Conciliation Center of the Court, both parties to appear before it on 15.10.2025; the case is to be put up before the Court on 15.12.2025 along with the mediation report. Interim protection was granted: while the revisionist continues to pay, on each and every month during pendency of the revision petition including the mediation proceedings, the maintenance amount awarded by the Family Court, Unnao vide order dated 28.11.2024, no coercive action shall be taken against him for recovery of arrears of amount in terms of the impugned order; in default, the interim protection shall be deemed vacated; and if the mediation/settlement fails, the interim order would be extended only after hearing the learned counsel for the revisionist on merits.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL REVISION No. - 940 of 2025

Kulendra Singh

.....Revisionist(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) Counsel for Revisionist(s) : Hari Anuj Bahadur Sinha Counsel for Opposite Party(s) : G.A., Srees Kumar Srivastava, Tiwari Shivani Subhash

Court No. - 11

HON'BLE SAURABH LAVANIA, J.

Vakalatnama filed on behalf of the opposite party No.2 by Shri Srees Kumar Srivastava, Advocate is taken on record.

In compliance of this Court's order dated 29.08.2025, the revisionist - Kulendra Singh and opposite party No.2 - Smt. Priya are present before the court. They have been identified by their respective counsel Shri Anuj Bahadur Sinha and Shri Srees Kumar Srivastava.

In compliance of this Court's order dated 29.08.2025, a draft of Rs.50,000/- (Rupees Fifty Thousand only) has been handed over to the opposite party No.2 -Smt. Priya.

Both the parties are ready to settle the dispute amicably by way of mediation.

Accordingly, let the matter be placed before the Mediation and Conciliation Center of this Court.

Both the parties shall appear before the Mediation and Conciliation Center of this Court on 15.10.2025.

List/put up this case before this Court on 15.12.2025 along with the report of Mediation and Conciliation Center of this Court, showing name of Shri Srees Kumar Srivastava, Advocate in the cause list as counsel for the

CRLR No. 940 of 2025

2

opposite party No.2.

In case the revisionist continues to pay the maintenance amount, as awarded by the Family Court, Unnao vide order dated 28.11.2024, on each and every month, during pendency of this petition including the mediation proceedings, it is provided that no coercive action shall be taken against the revisionist for the purposes of recovery of arrears of amount in terms of impugned order. In default, the interim protection by this order shall be deemed to be vacated.

It is also made clear that if the mediation/settlement fails, the interim order would be extended only after hearing the learned counsel for the revisionist on merits.

(Saurabh Lavania,J.)

September 24, 2025 ML/-

Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench