Sandeep vs State of U.P. Thru. Secy. Home Lko. and… — Maintenance and Alimony | Allahabad HC (2025)

Sandeep vs State of U.P. Thru. Secy. Home Lko. and… — Maintenance and Alimony | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim order only: notice issued to opposite party No.2; no coercive action under the impugned order dated 27.9.2024 conditional on the revisionist depositing Rs.1 lakh before the trial court within three weeks (failing which the trial court may proceed); deposit, if made, to be released to opposite party No.2 on her application; parties to appear in person on 14.7.2025 regarding possible mediation referral. Revision kept pending; condonation of delay application noticed.

Issue for consideration

Whether the criminal revision under Section 19(4) of the Family Courts Act, 1984 against the Family Court's order dated 27.9.2024 awarding maintenance under Section 125 Cr.P.C. calls for interference. +1 more

Court's answer

As an interim measure, no coercive action shall be taken against the revisionist in pursuance of the impugned order dated 27.9.2024 if he deposits Rs.1 lakh before the trial court within three weeks.

Ratio / Principle

Notice was issued to opposite party No.2 upon learned counsel's submission that there are fair chances of an amicable settlement through mediation.

Key takeaways

If the revisionist fails to deposit the amount, the trial court will be at liberty to proceed against him in accordance with law.ratio¶¶14
Any amount deposited is to be released in favour of opposite party No.2 on an appropriate application preferred by her in accordance with law.ratio¶¶16
The matter was listed on 14.7.2025, with opposite party No.2 and the revisionist directed to appear in person, so the Court can ascertain their agreeability to referral for mediation before the Mediation and Conciliation Centre of the Court.

Detailed headnote1 paragraphs

Criminal revision under Section 19(4) of the Family Courts Act, 1984 against the judgment and order dated 27.9.2024 of the Additional Principal Judge, Family Court-I, Unnao (Case No.515 of 2018, Poonam v. Sandeep), allowing the wife's (opposite party No.2) application under Section 125 Cr.P.C. and directing the husband-revisionist to pay maintenance of Rs.2000/- per month from the date of the application and Rs.4000/- per month from the date of the order. On counsel's submission that there were fair chances of an amicable settlement, notice was issued to opposite party No.2. As an interim measure, no coercive action was to be taken against the revisionist under the impugned order if he deposited Rs.1 lakh before the trial court within three weeks, failing which the trial court was left free to proceed in accordance with law; any such deposit to be released to opposite party No.2 on her application. Both parties directed to appear in person on 14.7.2025 to consider referral to the Mediation and Conciliation Centre of the Court. Order dated 27.5.2025 (Alok Mathur, J.).

Court No. - 12

Case :- CRIMINAL REVISION DEFECTIVE No. - 266 of 2025

Revisionist :- Sandeep

Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Revisionist :- Anoop Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Alok Mathur,J.

C. M. Application No.2 of 2025 - for condonation of delay.

Issue notice.

Order on memo of the revision.

Heard learned counsel for the revisionist and the A.G.A. for the State.

By means of the present criminal revision under Section 19 (4) of Family Courts Act, 1984 the revisionist has challenged judgement and order dated 27.9.2024 passed by Additional Principal Judge, Family Court-I, Unnao in case No.515 of 2018 (Poonam Vs. Sandeep).

It has been submitted that the application under Section 125 Cr. P. C. filed by opposite party No.2 has been allowed by which the revisionist, who is the husband of opposite party No.2, has been directed to pay maintenance at the rate of Rs.2000/- per month from the date of the application and Rs.4000/- per month from the date of the order.

Learned counsel for the revisionist submits that there are fair chances of an amicable settlement through the process of mediation. Accordingly, issue notice to opposite party No.2.

As an interim measure, it is provided that in case the revisionist deposits Rs.1 lakh before the trial court within next three weeks, no coercive action shall be taken against him in pursuance of the impugned order dated 27.9.2024.

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.

List on 14.7.2025 on which date opposite party No.2 and the revisionist shall appear in person before this Court to find out as to whether they are agreeable to the matter being referred for mediation before Mediation and Conciliation Centre of this Court.

In case, the amount is deposited, the same shall be released in favour of opposite party No.2 on an appropriate application being preferred by her in this regard in accordance with law.

(Alok Mathur, J.)

Order Date :- 27.5.2025 RKM.

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