Dhanesh Chand Sharma vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2026)

Dhanesh Chand Sharma vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Application not decided on merits; matter referred to the Mediation & Conciliation Centre, High Court, Allahabad on the applicant's consent, with directions to deposit Rs. 1,35,000/- (Rs. 1,30,000/- to opposite party no. 2, adjustable towards maintenance arrears; Rs. 5,000/- to the Centre) within four weeks, mediation report within three months, and listing on 13.5.2026 (immediately if deposit not made).

Issue for consideration

Whether the recovery warrant dated 08.09.2025 passed by the Additional Principal Judge, Family Court, Mathura in Case No. 190 of 2025 (arising out of Original Case No. 586 of 2018 under section 125 Cr.P.C.) should be quashed as prayed in the application under Section 528 B.N.S.S. +1 more

Ratio / Principle

On the applicant's consent, the matter is referred to the Mediation & Conciliation Centre of the High Court; the prayer for quashing the recovery warrant was not decided at this stage.

Key takeaways

The applicant is directed to deposit Rs. 1,35,000/- by way of Demand Draft/Pay Order in the name of the Allahabad High Court Mediation & Conciliation Centre (AHCMCC) within four weeks.ratio¶10
Out of the deposited amount, Rs. 1,30,000/- is payable to opposite party no. 2 on her appearance before the Mediation & Conciliation Centre and Rs. 5,000/- is payable to the Centre.ratio¶10
The amount paid to opposite party no. 2 shall be adjusted towards the arrears of maintenance due to be paid by the applicant.

Detailed headnote1 paragraphs

Allahabad High Court (Nand Prabha Shukla, J.), February 13, 2026 — Application under Section 528 B.N.S.S. (No. 2031 of 2026, Dhanesh Chand Sharma v. State of U.P. and Another) seeking quashing of a recovery warrant dated 08.09.2025 passed by the Additional Principal Judge, Family Court, Mathura in Case No. 190 of 2025 under section 144(3) B.N.S.S. (Smt. Seema Upadhyay @ Dev Priya v. Dhanesh Chand Sharma), arising out of Original Case No. 586 of 2018 under section 125 Cr.P.C., P.S. Kotwali, District Mathura. Learned counsel for the applicant consented to reference of the matrimonial dispute to the Mediation and Conciliation Centre of the Court. Held/directed: (i) matter referred to the Mediation & Conciliation Centre; (ii) applicant to deposit Rs. 1,35,000/- by Demand Draft/Pay Order in favour of AHCMCC within four weeks, of which Rs. 1,30,000/- is payable to opposite party no. 2 on her appearance (adjustable towards arrears of maintenance) and Rs. 5,000/- to the Centre; (iii) Mediation Centre to submit its report within three months; (iv) case listed on 13.5.2026 with the mediation report, and to be listed immediately if the deposit is not made. The quashing prayer was left undecided at this stage.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 2031 of 2026

Dhanesh Chand Sharma

.....Applicant(s)

Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Chandra Prakash Pandey, Saurabh Shukla Counsel for Opposite Party(s) : G.A. Court No. - 76

HON'BLE NAND PRABHA SHUKLA, J.

Heard Sri Chandra Prakash Pandey, learned counsel for the applicant, Sri G.P. Mishra, learned A.G.A. for the State and perused the record.

The present application under Section 528 B.N.S.S. has been filed with a prayer to allow this application and quash the recovery warrant dated 08.09.2025 passed by Additional Principal Judge, Family Court, Mathura in Case No. 190 of 2025 under section 144(3) B.N.S.S. (Smt. Seema Upadhyay @ Dev Priya Vs. Dhanesh Chand Sharma) arising out of Original Case No. 586 of 2018 under section 125 Cr.P.C., Police StationKotwali, District-Mathura.

Learned counsel for the applicant states that the applicant consents to refer the matter to the Mediation and Conciliation Centre, High Court, Allahabad for the amicable settlement of the matrimonial dispute.

Accordingly, the matter is referred to Mediation & Conciliation Centre of this Court. The applicant is directed to deposit a sum of Rs. 1,35,000/by way of Demand Draft/Pay Order in the name of Allahabad High Court Mediation & Conciliation Centre (AHCMCC) within a period of four weeks from today. Out of total amount, Rs. 1,30,000/- shall be payable to the opposite party no. 2 on her appearance before the Mediation & Conciliation Centre and remaining Rs. 5,000/- shall be payable to the Mediation & Conciliation Centre. The amount paid to the opposite party no. 2 shall be adjusted towards the arrears of maintenance due to be paid by the applicant.

NA528 No. 2031 of 2026

2

The matter is referred to the Mediation Centre with the direction that same may be tried to be resolved after giving notices to both the parties. The Mediation Centre will submit its report within three months in the matter.

List this case on 13.5.2026 in the daily cause list alongwith the report of Mediation Centre.

In case the aforesaid amount is not deposited within the aforesaid, list this case immediately before this Court.

(Nand Prabha Shukla,J.)

February 13, 2026 Puspendra

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