Kafeel vs Addl. Principal Judge, Family Court… — Maintenance and Alimony | Allahabad HC (2025)

Kafeel vs Addl. Principal Judge, Family Court… — Maintenance and Alimony | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim relief only: deposit of Rs.20,000/- before the Mediation and Conciliation Center High Court Lucknow Bench within two weeks; listing on 08.07.2025 requiring in-person appearance of the revisionist and opposite party no. 2; no coercive steps pursuant to the impugned order dated 26.06.2024 till the next listing, conditional upon the deposit, failing which the benefit of the order lapses. Final disposal of the revision and of the delay condonation application deferred.

Issue for consideration

Whether the delay of 234 days in filing the criminal revision should be condoned (Criminal Misc. (Delay Condonation) Application No. 2 of 2025 pending). +1 more

Court's answer

In respect of the delay condonation application, notice was ordered to be issued to opposite party no. 2 with necessary steps to be taken within one week, and objections may be filed by the opposite parties.

Ratio / Principle

The revisionist is directed to deposit Rs.20,000/- before the Mediation and Conciliation Center High Court Lucknow Bench, Lucknow within the next two weeks.

Key takeaways

The case is listed for 08.07.2025, on which date the revisionist and opposite party no. 2 shall appear in person before the Court.ratio¶¶16
Till the next date of listing, no coercive steps shall be taken against the revisionist in pursuance of the impugned order dated 26.06.2024.ratio¶¶17
On failure of the revisionist to deposit the aforesaid amount before the Mediation Center within the stipulated time, the benefit of this order shall not be available to him.

Detailed headnote1 paragraphs

Criminal Revision (Defective) No. 252 of 2025, High Court of Judicature at Allahabad, Lucknow Bench (Court No. 12), Alok Mathur, J. (order dated 23.5.2025): revision filed by Kafeel under Section 19(4) of the Family Court Act, 1994 against the judgment and order dated 26.06.2024 of the Additional Principal Judge (Family Court), Court No. 2, Sitapur, in Misc. Case No. 885 of 2022 - Jabrun Nisha Vs. Kafeel, under Section 125 Cr.P.C., awarding maintenance of Rs.3000/- per month payable on the 10th day of each month. The revision was reported 234 days beyond time; Criminal Misc. (Delay Condonation) Application No. 2 of 2025 remains pending, with notice ordered to opposite party no. 2 and objections permitted. On learned counsel's submission that the matrimonial dispute may be amicably settled by mediation, the Court directed deposit of Rs.20,000/- before the Mediation and Conciliation Center High Court Lucknow Bench within two weeks, listed the matter for 08.07.2025 requiring in-person appearance of the revisionist and opposite party no. 2, stayed coercive steps pursuant to the impugned order till the next listing, and made clear that failure to deposit forfeits the benefit of the order.

Court No. - 12

Case :- CRIMINAL REVISION DEFECTIVE No. - 252 of 2025

Revisionist :- Kafeel

Opposite Party :- Addl. Principal Judge, Family Court, Court No. 2 Sitapur And Another Counsel for Revisionist :- Vivek Chandra

Hon'ble Alok Mathur,J.

Order on Criminal Misc. (Delay Condonation) Application No. 2 of 2025

Heard Sri Vivek Chandra, learned counsel for the revisionist.

Stamp reporter has reported that instant criminal revision is beyond time by 234 days.

Issue notice to opposite party no. 2. Let necessary steps be taken within next one week.

Objections if any, may be filed by the opposite parties.

Order of Criminal Revision

Heard learned counsel for the revisionist.

Present revision under Section 19(4) of the Family Court Act, 1994, has been filed against judgment and order dated 26.06.2024, passed by the Additional Principal Judge (Family Court), Court No. 2, Sitapur in Misc. Case No. 885 of 2022 - Jabrun Nisha Vs. Kafeel, under Section 125 Cr.P.C., thereby the Family Court has directed the revisionist to pay an amount of Rs.3000/- per month, payable on 10th day of each month to opposite party no. 2 as maintenance.

It is submitted by learned counsel for the revisionist that dispute between the revisionist and opposite party no. 2 is of matrimonial nature and there are chances that the same can be amicably settled by way of mediation.

Accordingly, revisionist is directed to deposit an amount of Rs.20,000/-before the Mediation and Conciliation Center High Court Lucknow Bench, Lucknow within next two weeks.

List this case on 08.07.2025, on which date revisionist and opposite party no. 2 shall appear in person before this Court.

Till the next date of listing no coercive steps shall be taken against the revisionist in pursuance to impugned order dated 26.06.2024, passed by the Additional Principal Judge (Family Court), Court No. 2, Sitapur in Misc. Case No. 885 of 2022 - Jabrun Nisha Vs. Kafeel.

It is made clear that in case of failure on the part of revisionist in not depositing the aforesaid amount before the Mediation Center within the stipulated time, benefit of this order shall not be available to him.

Order Date :- 23.5.2025 A. Verma

(Alok Mathur, J.)

Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench