Ajay Alias Kuku vs State of U.P. and 3 Others — Maintenance and Alimony | Allahabad HC (2025)

Ajay Alias Kuku vs State of U.P. and 3 Others — Maintenance and Alimony | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application referred to the Mediation and Conciliation Centre, High Court, Allahabad, conditioned on the applicant depositing Rs.30,000/- within three weeks; notices to both parties returnable within four weeks once deposited; Rs.27,000/- to be handed to the wife on her first appearance and Rs.3,000/- retained by the Centre; mediator allowed three months to report; case to be heard afresh on 27.11.2025 along with the mediator's report; no interim order passed; office directed to send the order copy to the trial court immediately.

Issue for consideration

Whether the matrimonial dispute between the parties is amenable to resolution through mediation, so that the Section 528 BNSS quashing application may be referred to the Mediation Centre rather than adjudicated.

Court's answer

On the basis of the record and the submissions, the Court was satisfied that the nature of the litigation gave a chance to resolve the matter through mediation and that an attempt ought to be made to explore that possibility.

Ratio / Principle

The matter was referred to the Mediation and Conciliation Centre, High Court, Allahabad; the applicant was directed to deposit Rs.30,000/- within three weeks at the Centre, upon which the Centre would issue notices to both parties returnable within four weeks, Rs.27,000/- thereof to be handed over to the wife on her first appearance and Rs.3,000/- to remain deposited with the Centre.

Key takeaways

The mediator was allowed three months' time to find a possible solution and send his report on the outcome of mediation, and the case was to be put up fresh on 27.11.2025 along with the mediator's report.ratio¶12
The Court expressly clarified that no interim order had been passed.obiter¶14

Detailed headnote1 paragraphs

Application under S. 528 BNSS (No. 24768 of 2025) by Ajay alias Kuku seeking quashment of the order dated 29.01.2025 of the Principal Judge, Family Court, Saharanpur in Execution of Maintenance Case No. 149 of 2024, arising out of a S. 125 Cr.P.C. application whereby maintenance was awarded against him. Counsel submitted the matter was a matrimonial dispute and the applicant-husband was willing to settle amicably, offering Rs. 30,000/- towards the wife's first appearance. Satisfied that the litigation was amenable to mediation, the Court referred the matter to the Mediation and Conciliation Centre, High Court, Allahabad; directed deposit of Rs.30,000/- within three weeks, with notices returnable within four weeks, Rs.27,000/- to be paid to the wife on her first appearance and Rs.3,000/- retained by the Centre; allowed the mediator three months to report; and listed the case fresh for 27.11.2025 along with the mediator's report. The Court expressly recorded that no interim order was passed and directed immediate transmission of the order to the trial court.

Court No. - 74

Case :- APPLICATION U/S 528 BNSS No. - 24768 of 2025

Applicant :- Ajay Alias Kuku Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Aditya Prakash Singh,Kamal Singh Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Pachori,J.

Heard Sri Shubham Singh, Advocate holding brief of Sri Aditya Prakash Singh, learned counsel for the applicants and Sri Karunakar Singh, learned A.G.A. for the State.

The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed to quash the order dated 29.01.2025 passed by Principal Judge Family Court, Saharanpur in Execution of Maintenance Case No. 149 of 2024, arising out of an application under Section 125 of Cr.P.C. whereby the maintenance has been awarded against the applicant.

Learned counsel for the applicant submits that applicant is husband of the opposite party no. 2 and wants to settle the matter amicably by way of mediation.

Learned counsel for the applicant submits that the matter relates to matrimonial dispute and applicant (husband) is ready and willing to settle the dispute amicably and keep the opposite party no. 2 with him. In order to show his bona fides the applicant is ready to deposit Rs. 30,000/- to be handed over to the wife on her first appearance. Learned counsel for the applicant urged that the case may be referred to the Mediation Centre of this Court so that the couple may have a chance to settle their dispute on their own terms through mediation.

The Court is also satisfied on the basis of record and the submissions made before it that the nature of litigation is such that there is a chance to resolve the matter through process of mediation and an attempt ought to be made to explore that possibility.

Accordingly, the matter is being referred to the Mediation and Conciliation Centre, High Court, Allahabad. The applicant will deposit Rs.30,000/- within three weeks at the Mediation Centre. In case the amount is deposited, the Mediation Centre will issue notices to both the parties returnable within a period of four weeks. Out of the same, Rs.27,000/- shall be handed over to the

wife on her first appearance with regard to her maintenance and minimum expenses. Rs.3,000/- will remain deposited with the Mediation Centre.

The mediator is allowed three months' time to find out possible solution of the dispute between the parties and send his report to the court regarding the outcome of mediation.

Put up this case as fresh on 27.11.2025 along with report of the mediator.

It is made clear that no interim order has been passed.

Office is directed to send the copy of the order to the trial court immediately.

Order Date :- 20.8.2025 Ishan

Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad