Umesh Chandra Chaudhari @ Umesh Chandra Sahani vs… — Maintenance and Alimony | Allahabad HC (2026)

Umesh Chandra Chaudhari @ Umesh Chandra Sahani vs… — Maintenance and Alimony | Allahabad HC (2026)

What the court decided

AI extract

Outcome

With the applicant's consent, the application under Section 528 BNSS was referred to the Mediation & Conciliation Centre, High Court Allahabad, for amicable settlement; the applicant was directed to deposit Rs. 20,000/- within 15 days (Rs. 15,000/- to opposite party No. 2 towards maintenance dues and Rs. 5,000/- to the Centre); mediation report within three months; matter listed on 28.04.2026, with immediate listing upon default in deposit. The quashing prayer itself was not decided.

Issue for consideration

Whether the impugned order dated 28.07.2025 passed by the Principal Judge, Family Court, Chandauli in Maintenance Case No. 89 of 2024 (Jyoti Kumar v. Umesh Chandra Chaudhary) under Section 125 Cr.P.C. ought to be quashed.

Court's answer

Upon the applicant's consent, the matter is referred to the Mediation & Conciliation Centre of the High Court for amicable settlement of the dispute; the merits of the quashing prayer were not decided.

Ratio / Principle

The applicant is directed to deposit Rs. 20,000/- by demand draft/pay order in the name of Allahabad High Court Mediation and Conciliation Centre (AHCMCC) within 15 days; Rs. 15,000/- thereof to be paid to opposite party No. 2, adjustable towards the maintenance amount due, and Rs. 5,000/- payable to the Mediation and Conciliation Centre.

Key takeaways

The Mediation Centre is to attempt resolution after giving notices to both parties and to submit its report within three months.ratio¶14
The matter is to be listed on 28.04.2026 before the appropriate Bench along with the Mediation Centre's report; if the directed amount is not deposited within the stipulated period, the matter is to be listed immediately before the Court.ratio¶15

Detailed headnote1 paragraphs

Mediation referral — Application under Section 528 BNSS seeking quashing of the order dated 28.07.2025 of the Principal Judge, Family Court, Chandauli in Maintenance Case No. 89 of 2024 (Jyoti Kumar v. Umesh Chandra Chaudhary) under Section 125 Cr.P.C. With the applicant consenting to reference, the Hon'ble Court referred the dispute to the Mediation & Conciliation Centre, High Court Allahabad, without deciding merits. The applicant was directed to deposit Rs. 20,000/- by demand draft/pay order in favour of AHCMCC within 15 days, of which Rs. 15,000/- is payable to opposite party No. 2 (adjustable towards maintenance dues) and Rs. 5,000/- to the Centre. The Mediation Centre is to resolve the dispute after notice to both parties and submit its report within three months. Matter listed on 28.04.2026 with the report; immediate listing if the deposit is not made within the stipulated period. (Nand Prabha Shukla, J.)

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 3304 of 2026

Umesh Chandra Chaudhari @ Umesh Chandra Sahani

.....Applicant(s)

Versus State Of U.P. And 2 Others .....Opposite Party(s) Counsel for Applicant(s) : Anand Kumar Counsel for Opposite Party(s) : G.A.

Court No. - 76

HON'BLE NAND PRABHA SHUKLA, J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The instant application under Section 528 BNSS has been filed with a prayer to allow the present application and quash the impugned order dated 28.07.2025 passed by Principal Judge, Family Court, Chandauli in Maintenance Case No. 89 of 2024 (Jyoti Kumar v. Umesh Chandra Chaudhary) under Section 125 Cr.P.C., Police Station-Balua, DistrictChandauli pending in the Court of Principal Judge, Family Court, Chandauli.

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

Accordingly, the matter is referred to Mediation & Conciliation Centre of this Court. The applicant is directed to deposit a sum of Rs. 20,000/- by way of demand draft/pay order in the name of Allahabad High Court Mediation and Conciliation Centre (AHCMCC), within a period of 15 days from today. Out of the same, Rs. 15,000/- be paid to opposite party No. 2 which shall be adjusted towards the maintenance amount due, to be paid by applicant and Rs. 5,000/- shall be payable to the Mediation and Conciliation Centre.

NA528 No. 3304 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 in the matter within three months.

List on 28.04.2026 in the daily cause list before the appropriate Bench alongwith the report of Mediation Centre.

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

(Nand Prabha Shukla,J.)

January 29, 2026 Aditya Tripathi

Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad