Rahul Sonkar vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2025)

Rahul Sonkar vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Quashing prayer not decided; matter referred to the Mediation and Conciliation Centre, High Court, Allahabad, conditional on the applicant depositing Rs. 30,000/- within two weeks (notices to both parties thereafter returnable within four weeks; Rs. 27,000/- to the wife on first appearance towards maintenance and minimum expenses; Rs. 3,000/- retained at the Centre); mediator given three months to report; case to be listed afresh before the appropriate Bench on 18.12.2025 with the mediator's report; expressly stated that no interim order has been passed.

Issue for consideration

Whether the ex-parte order dated 28.11.2024 passed by the Principal Judge, Family Court, Varanasi in Maintenance Case No. 89 of 2024 (under Section 125 Cr.P.C.) should be quashed under Section 528 BNSS. +1 more

Court's answer

While the mediation exercise proceeds, the Court expressly clarified that no interim order has been passed; the quashing prayer itself remains undecided pending the mediator's report.

Ratio / Principle

The Court is satisfied, on the basis of the record and the submissions made before it, that the nature of the litigation admits of resolution through the process of mediation and that an attempt ought to be made to explore that possibility.

Key takeaways

Acting on that satisfaction, the Court referred the matter to the Mediation and Conciliation Centre, High Court, Allahabad, instead of deciding the quashing prayer at once.ratio¶12
The referral was conditioned on the applicant depositing Rs. 30,000/- within two weeks at the Mediation Centre.ratio¶15
Upon the deposit being made, the Mediation Centre is to issue notices to both parties, returnable within a period of four weeks.ratio

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Court No. 74), Application U/S 528 BNSS No. 34954 of 2025, decided September 12, 2025 by Hon'ble Sanjay Kumar Pachori, J. Rahul Sonkar (husband/applicant) sought quashing, under S. 528 BNSS, of the ex-parte judgment dated 28.11.2024 passed by the Principal Judge, Family Court, Varanasi in Maintenance Case No. 89 of 2024, arising out of an application under S. 125 Cr.P.C., P.S. Madhuwadeeh, District Varanasi. Counsel submitted that the matter was a matrimonial dispute, that the applicant was ready to settle amicably and keep his wife (opposite party no. 2) with him, and offered Rs. 30,000/- as a bona fide deposit. Satisfied that the litigation admitted resolution through mediation, the Court referred the matter to the Mediation and Conciliation Centre, High Court, Allahabad: applicant to deposit Rs. 30,000/- within two weeks, upon which notices would issue to both parties returnable within four weeks; Rs. 27,000/- to be handed to the wife on first appearance towards maintenance and minimum expenses and Rs. 3,000/- retained at the Centre; mediator allowed three months to report the outcome; case to be listed afresh before the appropriate Bench on 18.12.2025 along with the mediator's report. It was expressly made clear that no interim order had been passed.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 34954 of 2025

Rahul Sonkar

.....Applicant(s)

	Versus
State of U.P. and Another		....	.Opposite Party(s)
Counsel for Applicant(s)	: Akhilendra Singh, Prabhat Kumar Singh	Lalta	Prasad,
Counsel for Opposite Party(s)	: G.A.

Court No. - 74

HON'BLE SANJAY KUMAR PACHORI, J.

Sri Akhilendra Singh, learned counsel for the applicant and learned A.G.A. for the State are present.

The present application U/S 528 BNSS has been filed to quash the order dated 28.11.2024 passed by Principal Judge, Family Court, Varanasi in Maintenance Case No. 89 of 2024, arising out of an application under Section 125 or Cr.P.C, P.S. Madhuwadeeh, District Varanasi, whereby ex-parte judgment has been passed.

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 his wife with him. In order to show his bona fides the applicant is ready to deposit Rs. 30,000/- to be handed over to the opposite party no. 2 (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

NA528 No. 34954 of 2025

2

Conciliation Centre, High Court, Allahabad. The applicant will deposit Rs.30,000/- within two 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.

List this case before the appropriate Bench along with report of the mediator on 18.12.2025 as a fresh.

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

Office is directed to send a copy of this order to the court concerned immediately.

This case shall not be treated as tied up or part heard to this Court.

September 12, 2025

MAA/-

(Sanjay Kumar Pachori,J.)

Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad