RAJ MIYAN @ RAJ MIYA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/4561/2025 · 2025-07-15
Rajnish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 142349 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 142349 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:40347 Court No. - 12 Case :- APPLICATION U/S 482 No. - 4561 of 2025 Applicant :- Raj Miyan @ Raj Miya Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Sarvesh Kumar Pandey,Vineetapandey Counsel for Opposite Party :- G.A.,Mohd. Imran Khan Hon'ble Rajnish Kumar,J. In deference to the previous order dated 28.05.2025 passed by this Court, the applicant and respondent no.2 are present in person, who have been identified by their counsel. On a query, respondent no.2 specifically denies to go for mediation, stating that there was lot of harassment of respondent no.2 by the applicant and his family members. She was even beaten by them, therefore, she does not want mediation as no fruitful purpose will be served. Respondent no.2 also states that she has not been paid even a single penny since she was ousted from her matrimonial house i.e. 29.11.2023. She further states that she and her family members had gone to meet the applicant and his family members to settle the dispute but the applicant and his family members also treated them badly and thrown them out from the house. In view of the above, the matter cannot be referred to the Mediation & Conciliation Centre of this Court. Notice was issued only on the contention of learned counsel for the applicant that there are chances of settlement through mediation process. No other grounds
has been argued by learned counsel for the applicant to press the petition. Though, this petition under Section 528 of the B.N.S.S. 2023 has been filed whereas the applicant has a remedy of revision under the Family Court Act but since the respondent no.2 is not ready for mediation in the matter and there was only contention that matter may be settled, therefore, no purpose would also served by granting liberty to file revision. Even otherwise, the impugned order indicates that only Rs.4000/- per month has been directed to be paid as an interim maintenance, which in the present circumstances cannot be said to be excessive. With the aforesaid, the application is dismissed. Rs.15,000/- deposited by the applicant before the Mediation and Conciliation Centre of this Court under the
order dated 28.05.2025 shall be released and paid to the respondent no.2, which shall be transferred in her account on an application moved by her on furnishing the details of account, after verification. . (Rajnish Kumar,J.)
Order Date :- 15.7.2025 dk/ Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench