Disposed

Dev Mani Tripathi v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 2 Others

Allahabad HC28 May 2025CRLRD/28/2024

Case brief

AI extract

What is this about?

Husband challenged a Family Court maintenance award to his wife and minor son under Section 125 Cr.P.C. The High Court referred the matrimonial dispute to mediation, directed deposit of outstanding maintenance to be released in installments, stayed the impugned order conditionally, and listed for the mediator's report.

What did the court decide?

Interim stay of maintenance order till 8.9.2025, conditional on deposit of Rs.1,25,000/-; matter referred to mediation.

Dev Mani Tripathi vs State of U.P. Thru. Prin… — Maintenance and Alimony | Allahabad HC (2025)

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Court No. - 12

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Case :- CRIMINAL REVISION DEFECTIVE No. - 28 of 2024

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Revisionist :- Dev Mani Tripathi

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Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others

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Counsel for Revisionist :- Sharvan Kumar Pandey,Km. Anjali Gautam,Santosh Kumar Dwivedi Counsel for Opposite Party :- G.A.,Chinmay Shukla

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Hon'ble Alok Mathur,J.

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Heard Sri Devendra Verma holding brief of Sri Sharvan Kumar Pandey for the revisionist, learned A.G.A. for the State and Sri Chinmay Shukla for opposite party No.2 and 3.

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By means of the instant revision the revisionist has challenged the order dated 25.7.2023 passed in Case No.12/XI/2018 under Section 125 of Cr.P.C. passed by Principal Judge, Family Court, Shrawasti pertaining to police station Kotwali Bhinga, District Shrawasti thereby maintenance of Rs.2500/- per month has been awarded to opposite party No.2 and Rs.1500/- to opposite party No.3.

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Learned counsel for the revisionists submits that the revisionist and respondent No.2 are husband and wife and opposite party No.3 is his minor son. He is ready to keep respondent No.s 2 and 3 with him as his family. He further submits that dispute between the revisionist and respondent No.2, being matrimonial in nature, is likely to be settled in Mediation & Conciliation Centre of this Court in case it is referred to it. He undertakes to deposit Rs.20,000/- within next two weeks.

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Learned counsel for respondent No.2 also does not dispute this fact.

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In view of the above, the matter is referred to Mediation & Conciliation Centre of this Court.

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The revisionist and respondent No.2 shall appear before the Mediation & Conciliation Centre of this Court on 7.7.2025 which will be the first date of mediation and no separate notice

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is required to be sent.

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Considering the fact that the outstanding amount of maintenance is payable by the revisionist to the respondents, he is directed to deposit Rs.1,25,000/- before the Mediation & Conciliation Centre of this Court within next two weeks and if he does so the amount so deposited shall be released in favour of respondent No.2 in five equal consecutive installments as and when she appears before the Mediation Centre. The Mediation Centre of this Court shall submit a report by the next date of listing to this Court.

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Till the next date of listing, the impugned order dated 25.7.2023 passed passed in Case No.12/XI/2018 under Section 125 of Cr.P.C. passed by Principal Judge, Family Court, Shrawasti, shall remain stayed.

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It is made clear that in case the deposit is not made, as directed above, interim protection granted vide this order shall stand withdrawn.

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List this case before this Court on 8.9.2025 along with the report of mediator.

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(Alok Mathur, J.)

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Order Date :- 28.5.2025 RKM.

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

Dev Mani Tripathi v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 2 Others

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Dev Mani Tripathi v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 2 Others

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