Dismissed¶15

Mahesh Chandra v. State of U.P. and Another

Allahabad HC5 May 2026NA528/18605/2026

Case brief

AI extract

What is this about?

Application u/s 528 BNSS dismissed by Allahabad High Court (Deepak Verma, J.) on 06.05.2026; challenge to interim maintenance order dated 11.05.2023 under Section 23 of Domestic Violence Act passed in Complaint Case No. 05 of 2023 (Smt. Chandravati Vs. Mahesh Chandra and others), Civil Judge (J.D.)/F.T.C., Sambhal at Chandausi; maintenance Rs.4000/- to wife and Rs.1000/- each to two minor daughters (total Rs.6000/- per month); non-payment for over two and a half years; recovery warrant and arrest warrant dated 18.02.2026; mediation referral refused for non-deposit of maintenance; no interference warranted.

What did the court decide?

Prima facie case is made out against the applicant and no interference is warranted at this stage with the interim maintenance order and the warrant. ¶14

Mahesh Chandra Vs State of U.P. and Another — Domestic Violence | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the order dated 11.05.2023 passed by the Civil Judge (J.D.)/F.T.C., Sambhal at Chandausi in Complaint Case No. 05 of 2023 under Section 23 of the Domestic Violence Act allowing interim maintenance, and the arrest warrant dated 18.02.2026, should be quashed. +1 more

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Court's answer

Prima facie case is made out against the applicant and no interference is warranted at this stage with the interim maintenance order and the warrant.

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Ratio / Principle

The prayer to refer the matter to the Mediation Centre cannot be considered because the applicant has not deposited the interim maintenance amount; the applicant may make such a prayer before the learned Magistrate.

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Key takeaways

On perusal of the impugned order, the complainant has no source of income to maintain herself and her minor daughters, and the applicant has paid no amount for over two and a half years despite the interim maintenance order.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Deepak Verma, J.) dismissed an application under Section 528 BNSS seeking quashing of the order dated 11.05.2023 passed by the Civil Judge (J.D.)/F.T.C., Sambhal at Chandausi in Complaint Case No. 05 of 2023 (Smt. Chandravati Vs. Mahesh Chandra and others) under Section 23 of the Domestic Violence Act, whereby interim maintenance of Rs.4000/- per month was awarded to opposite party no. 2 (the applicant's wife) and Rs.1000/- per month to each of the two minor daughters (total Rs.6000/- per month), and of the arrest warrant dated 18.02.2026. The Court observed that more than two and a half years had elapsed without the applicant paying a single amount, that a recovery warrant had been issued, and that the complainant had no source of income to maintain herself and the minor daughters. Referral to the Mediation and Conciliation Centre was refused since the applicant had not deposited the interim maintenance amount and could seek mediation before the learned Magistrate. Prima facie case was held made out against the applicant; no interference was warranted at that stage.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 18605 of 2026

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Mahesh Chandra

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	Versus .....Applicant(s)
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Pratibha Vohra, Rajesh Bohra
Counsel for Opposite Party(s)	: G.A.

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Court No. - 74

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HON'BLE DEEPAK VERMA, J.

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Heard learned counsel for the applicants; learned A.G.A. for the State and perused the record.

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Present application has been filed to quash the order dated 11.05.2023 passed by learned Civil Judge (J.D.)/ F.T.C., Sambhal at Chandausi in Complaint Case No. 05 of 2023 (Smt. Chandravati Vs. Mahesh Chandra and others) under Section 23 of Domestic Violence Act, P.S. Mahila Thana, District Sambhal and also quash the arrest warrant dated 18.02.2026.

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Counsel for the applicant submits that applicant is husband of opposite party no. 2 and marriage was solemnized 12 years ago, thereafter two daughters born but on account of mental and physical torture, by the applicant and his family members, the opposite parties were ousted from the house of the applicant, hence the present complaint. The learned court vide order dated 11.05.2023 allowed the interim maintenance application directing the applicant to pay Rs.4000/- to opposite party no. 2 and Rs.1000/- to both minor daughters (total Rs.6000/- per month) as interim maintenance. It is next submitted that applicant is husband and if the matter is referred to Mediation and Conciliation Centre, there is chances of settlement between the parties.

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On perusal of order impugned, it is apparent that interim maintenance application has been allowed vide order dated 11.05.2023 more than two and a half years have passed but the applicant has not paid a single

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NA528 No. 18605 of 2026

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amount to opposite parties and now recovery warrant has been issued against the applicant. On perusal of the order, it is apparent that complainant has no source of income to maintain herself and minor daughters. The prayer to refer the matter to Mediation Centre cannot be considered as applicant has not deposited interim maintenance amount and moreover the applicant has chance to make prayer before the learned Magistrate for Mediation.

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In view of the above, prima facie, case is made out against the applicant. No interference is warranted, at this stage.

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The application is accordingly, dismissed .

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(Deepak Verma,J.)

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May 6, 2026 Meenu Singh

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Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad

Mahesh Chandra v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Mahesh Chandra v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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