Dismissed

Pramod Kumar Alias Pramod Kumar Kushwaha v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Allahabad HC14 Jul 2025CRLRD/263/2025

Case brief

AI extract

What is this about?

Revisionist challenged a Family Court order and recovery warrant after a 525-day delay, seeking mediation with his wife. He refused to deposit the ordered amount or pay maintenance; respondent refused mediation. The Court found no explanation for the delay, dismissed the condonation application and the revision, and directed execution of the impugned order.

What the court decided

AI extract

Pramod Kumar Alias Pramod Kumar Kushwaha Vs State… — Maintenance and Alimony | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:40123

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Court No. - 12

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Case :- CRIMINAL REVISION DEFECTIVE No. - 263 of 2025

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Revisionist :- Pramod Kumar Alias Pramod Kumar Kushwaha

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Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Revisionist :- Dhanush Dhari Prasad Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajnish Kumar,J.

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Sri Anshu Singh, Advocate has filed his Vakalatnama on behalf of respondent no.2, which is taken on record.

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Revisionist and respondent no.2 are present in person before this Court.

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This highly belated revision has been filed assailing the judgment and order dated 14.08.2023 as well as the order dated 25.03.2025 by means of which recovery warrant has been issued. Office has reported the delay of 525 days in filing the revision.

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This Court, on the contention of learned counsel for the revisionist that there are fair chance of amicable settlement through the process of mediation, issued the notice to respondent no.2 and summoned the revisionist as well as respondent no.2 to find out as to whether they are agreeable to the matter being referred for mediation before Mediation and Conciliation Centre of this court. By means of order dated 27.05.2025 this Court,as an interim measure, has also provided that in case the revisionist deposits Rs.1,00,000/- before the Mediation and Conciliation Centre of this Court within next three weeks,

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no coercive action shall be taken against him in pursuance of the impugned orders dated 14.08.2023 and 25.03.2025 and in case the revisionist fails to deposit the amount as aforesaid, the trial court will be at liberty to proceed against the revisionist in accordance with law.

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On a query, learned counsel for the revisionist,as instructed to him by the revisionist, who is present in person,submits that the revisionist has deposited Rs.20,000/- and in case respondent no.2 after mediation go with him, then he will pay the remaining amount.

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Respondent no.2, who is present in person specifically states that she is residing separately for last about 15 years and nothing has been paid by the revisionist and on account of conduct of the revisionist, she is not ready to go with him. However, she could have tried to settle the matter through Mediation and Conciliation Centre in case the revisionist deposits the aforesaid amount with some additional amount and monthly maintenance, otherwise she is no ready for mediation.

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On repeated query, the revisionist denies to make any payment and only states that he has already paid Rs.20,000/-. No other ground has been argued by learned counsel for the revisionist.

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In view of the above, the revision is misconceived and is liable to be dismissed. It is also noticed that no sufficient explanation has been given for condonation of delay of such a long period.

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In view of the above, the application for condonation of delay (C.M. Application No.01 of 2025) is dismissed .

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Consequently, this revision stands dismissed .

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The Family Court concerned is directed to proceed to execute the impugned judgement and order.

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(Rajnish Kumar,J.)

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Order Date :- 14.7.2025 dk/

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

Pramod Kumar Alias Pramod Kumar Kushwaha v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Case brief

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What the court decided

Pramod Kumar Alias Pramod Kumar Kushwaha v. State of U.P. Thru. Prin. Secy. Home Lko and Another

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