Ankit Yadav vs Pooja Yadav — Allahabad HC (2025) — LawSathi Research

Ankit Yadav vs Pooja Yadav — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Conditional interim protection: no coercive action for recovery of arrears of maintenance (Family Court, Gonda order dated 24.07.2024) so long as the revisionist pays the maintenance amount each month during pendency including mediation proceedings; protection deemed vacated on default; on failure of mediation/settlement, extension of the interim order only after hearing the revisionist's counsel on merits. Draft of Rs. 5,00,000/- handed to opposite party No. 2; matter referred to the Mediation and Conciliation Centre (appearance 15.09.2025); case to be listed on 12.11.2025 with the mediation report. Interim procedural order; case remains open.

Issue for consideration

Whether coercive action for recovery of arrears of maintenance (awarded by the Family Court, Gonda on 24.07.2024) should be restrained during pendency of the revision and mediation proceedings if the revisionist continues paying the maintenance amount monthly. +1 more

Court's answer

Provided the revisionist continues to pay the monthly maintenance amount awarded by the Family Court, Gonda (order dated 24.07.2024) during pendency of the revision including the mediation proceedings, no coercive action shall be taken against him for recovery of arrears in terms of the impugned order.

Ratio / Principle

On default in the monthly maintenance payment, the interim protection granted by this order shall be deemed to be vacated.

Key takeaways

If the mediation/settlement fails, the interim order would be extended only after hearing the learned counsel for the revisionist on merits.ratio¶18
Both parties being ready to settle the dispute amicably by way of mediation, the matter is referred to the Mediation and Conciliation Centre of the Court.ratio¶11
Both parties shall appear before the Mediation and Conciliation Center of the Court on 15.09.2025.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 11 — Criminal Revision (CRLR) No. 964 of 2025, Ankit Yadav (Revisionist) v. Pooja Yadav (Opposite Party), Saurabh Lavania, J., order dated September 8, 2025. In compliance with the Court's order dated 02.09.2025, both parties appeared duly identified by their respective counsel, and the revisionist tendered a draft of Rs. 5,00,000/- (Rupees Five Lakhs Only), handed over to opposite party No. 2. Both parties being ready to settle amicably by mediation, the matter was referred to the Mediation and Conciliation Centre (appearance fixed 15.09.2025; case to be listed 12.11.2025 with the Centre's report, cause list to show Shri Santosh Kumar Tripathi, Advocate as counsel for opposite party No. 2). Conditional interim protection granted: no coercive recovery of arrears of maintenance awarded by the Family Court, Gonda (order dated 24.07.2024) so long as monthly payment continues during pendency including mediation; default deems the protection vacated; if mediation fails, the interim order will be extended only after hearing the revisionist's counsel on merits.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL REVISION No. - 964 of 2025

Ankit Yadav

.....Revisionist(s)

Versus

Pooja Yadav	.....Opposite Party(s)
Counsel for Revisionist(s)	: Rakesh Pathak, Vijay Pathak
Counsel for Opposite Party(s)	: Ashish Raman Mishra

Court No. - 11

HON'BLE SAURABH LAVANIA, J.

In compliance of this Court's order dated 02.09.2025, Revisionist - Ankit Yadav and opposite party No.2 - Pooja Yadav are present before the court duly identified by their respective counsel.

In compliance of this Court's order, the revisionist has produced before this Court the draft of Rs.5,00,000/- (Rupees Five Lakhs Only) and the same has been handed over to the opposite party No. 2 - Pooja Yadav.

Both the parties are ready to settle the dispute amicably by way of mediation, as such, the matter is referred to the Mediation and Conciliation Centre of this Court.

Both the parties shall appear before the Mediation and Conciliation Center of this Court on 15.09.2025.

List/put up this case before this Court on 12.11.2025 along with the report of Mediation and Conciliation Center of this Court, showing name of Shri Santosh Kumar Tripathi, Advocate in the cause list as counsel for the opposite party No.2.

In case the revisionist continues to pay the maintenance amount, on each and every month, as awarded by the Family Court, Gonda vide order dated 24.07.2024, 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

CRLR No. 964 of 2025

2

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 8, 2025

ML/-

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