Shri Rajendra Kumar Vs State of U.P. Thru. Prin… — Maintenance and Alimony | Allahabad HC (2025)

Shri Rajendra Kumar Vs State of U.P. Thru. Prin… — Maintenance and Alimony | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim order only; the revision remains pending (listed for 08.07.2025). Conditional interim relief granted: no coercive measures (recovery proceedings / non-bailable warrants under the impugned Family Court orders dated 27.11.2024 and 18.4.2025) against the revisionist until the next listing, subject to deposit of Rs.30,000/- within two weeks before the Mediation & Conciliation Centre; parties directed to appear in person to consider settlement through mediation. Delay condonation application deferred pending notice to opposite party no. 2.

Issue for consideration

Whether the 66-day delay in filing the criminal revision should be condoned (application pending as CMA No. 2 of 2025; notice ordered to opposite party no. 2). +2 more

Ratio / Principle

Since the matter is a matrimonial dispute, effort should be made to restore the matrimonial tie; accordingly, the case was listed for 08.07.2025 and the revisionist and opposite party no. 2 (Smt. Neelu) were directed to appear in person to apprise the Court of their willingness to settle the dispute through mediation proceedings.

Key takeaways

As an interim measure, no coercive measure shall be taken against the revisionist in pursuance of the impugned orders until the next date of listing, conditional upon the revisionist depositing Rs.30,000/- (Rs. Thirty Thousand only) within the next two weeks before the Mediation & Conciliation Centre of this Court.ratio¶16
If the revisionist fails to deposit the said amount within the time prescribed, the benefit of the interim order shall not be made available to him.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 12 - interim order dated 15.5.2025 by Hon'ble Alok Mathur, J. in Criminal Revision Defective No. 212 of 2025 (Revisionist: Shri Rajendra Kumar; Opposite Parties: State of U.P. thru Prin. Secy. Home Lko. and 3 Others, including opposite party no. 2 Smt. Neelu). The revision under Section 19(4) of the Family Courts Act, 1984 challenges (i) the judgment and order dated 27.11.2024 of Principal Judge, Family Court, Raebareli in Criminal Misc. Case No. 599 of 2023 under Section 144 BNSS 2023 (125 Cr.P.C.) (Neelu Devi Vs. Rajendra Kumar), directing maintenance of Rs.2,000 per month to opposite party no. 2 and Rs.1,000 per month each to opposite parties nos. 3 and 4, and (ii) the order dated 18.4.2025 in Case No. 126 of 2025 under Section 144(3) BNSS 2023, whereby recovery proceedings were initiated and non-bailable warrants issued against the revisionist. Filed with a 66-day delay; notice ordered to opposite party no. 2 on the condonation application (CMA No. 2 of 2025). Treating the matter as a matrimonial dispute, the Judge held that effort should be made to restore the matrimonial tie and listed the case for 08.07.2025, requiring the revisionist and Smt. Neelu to appear in person to apprise the Court of their willingness to settle through the Mediation & Conciliation Centre. Interim: if the revisionist deposits Rs.30,000/- (Thirty Thousand) within two weeks before the Mediation & Conciliation Centre, no coercive measure shall be taken against him in pursuance of the impugned orders till the next listing; failure to deposit forfeits the benefit of the order.

Court No. - 12

Case :- CRIMINAL REVISION DEFECTIVE No. - 212 of 2025

Revisionist :- Shri Rajendra Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Revisionist :- Abdul Samad,Divya Singh Counsel for Opposite Party :- G.A.

Hon'ble Alok Mathur,J.

(Order on Delay Condonation Application)

(CMA No. 2 of 2025-Application for Condonation of Delay in filing criminal revision)

Office has reported that this criminal revision has been filed with delay of 66 days.

Issue notice to opposite party no. 2 on the application for condonation of delay.

Steps to be taken within a week.

(Order on Criminal Revision)

Heard learned counsel for revisionist, learned A.G.A. for the State and perused the material available on record.

By means of the instant criminal revision under Section 19 (4) of the Family Courts Act, 1984, the revisionist has challenged the judgment and order dated 27.11.2024 passed by Principal Judge, Family Court, Raebareli in Criminal Misc. Case No. 599 of 2023, under Section 144 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (125 Cr.P.C.) (Neelu Devi Vs. Rajendra Kumar), Police Station Kotwali Unchahar, District Raebareli whereby the revisionist has been directed to pay Rs.2,000/- per month to opposite party no. 2 and Rs.1,000/- per month to opposite party no. 3 and 4 respectively as maintenance as well as order dated 18.4.2025 passed by the said court in Case No. 126 of 2025 under Section 144 (3) of the Bhartiya Nagarik Suraksha Sanhita, 2023 whereby recovery proceedings for maintenance amount as well as non-bailable warrants has been issued against the revisionist.

Learned counsel for the revisionist has submitted that the revisionist is ready to settled the dispute through mediation proceedings and as such, the matter may be referred to the Mediation & Conciliation of this Court.

Since it is a matrimonial dispute, as such, effort should be made to restore the matrimonial tie.

List this case on 08.07.2025. On the said date, the revisionist and opposite party no. 2 Smt. Neelu shall appear in person to apprise the Court whether they are willing to get the dispute settled through mediation proceedings or not.

As an interim measure, it is provided that in case the revisionist deposits Rs.30,000/- (Rs. Thirty Thousand only) within next two weeks before the Mediation & Conciliation Centre of this Court, no coercive measure shall be taken against the revisionist in pursuance of impugned judgment and order dated 27.11.2024 passed by Principal Judge, Family Court, Raebareli in Criminal Misc. Case No. 599 of 2023, under Section 144 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (125 Cr.P.C.) (Neelu Devi Vs. Rajendra Kumar), Police Station Kotwali Unchahar, District Raebareli as well as order dated dated 18.4.2025 passed by the said court in Case No. 126 of 2025 under Section 144 (3) of the Bhartiya Nagarik Suraksha Sanhita, 2023, till the next date of listing.

In case the revisionist fails to deposit the said amount within the time prescribed, the benefit of this order shall not be made available to him.

(Alok Mathur, J.)

Order Date :- 15.5.2025 Virendra

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