Babulal Yadav vs State Of U.P. And Another
- Neutral2026:AHC:105331
Ratio decidendi
The rule this decision rests on
The pendency of a revision petition and mediation proceedings does not operate as a stay of the underlying order; the family court retains the authority to execute an order for maintenance under Section 125 of the Criminal Procedure Code notwithstanding the filing of a revision and the reference of the matter to mediation and conciliation.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
1. Heard Sri Devidayal Tiwari, learned counsel for the revisionist.
2. Learned counsel for the revisionist submits that the revisionist has preferred the instant criminal revision with the relief which has been mentioned in the prayer clause. The relief which has been mentioned in the revision is delineated below:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside the impugned judgment and order dated 04.04.2026 passed by Principal Judge, Family Court, Chandauli in Maintenance Petition No. 381 of 2025 (Alka Yadav Vs. Babulal Yadav), Under Section 125 of Cr.P.C. Police Station Chakiya, District Chandauli."
3. Learned counsel for the revisionist submits that he does not want to press the prayer clause of this revision as there is a chance of settlement of dispute between the husband and wife through mediation. He further submits that the revisionist-husband is ready to deposit Rs. 50,000/- towards mediation expenses.
4. On the request of learned counsel for the revisionist, this matter is referred to the Mediation and Conciliation Centre of this Court, the revisionist is directed to deposit Rs. 50,000/- in the Mediation and Conciliation Centre of this Court, out of which Rs. 45,000/- shall be paid to wife-opposite party No.2 for her expenses to attend the mediation proceedings and Rs. 5,000/- shall be kept by the Mediation and Conciliation Centre towards the mediation fees.
5. After deposit of the aforesaid amount by the revisionist, the Mediation and Conciliation Centre shall issue notice to O.P. No. 2 fixing a date for mediation proceedings, on which date both the parties shall appear before the Mediation and Conciliation Centre. In case, the parties do not arrive at any conclusion, another date would be fixed and thereafter, mediation report shall be submitted before this Court. The report of mediation shall be communicated to this Court on or before 07.08.2026.
6. List this case on 07.08.2026 along with the mediation report.
7. It is made clear that this Court has not stayed the impugned order dated 04.04.2026 passed by Principal Judge, Family Court, Chandauli.
8. Mere pendency of this revision as well as mediation proceedings does not preclude the concerned family court to execute the order dated 04.04.2026 passed by Principal Judge, Family Court, Chandauli in Maintenance Petition No. 381 of 2025 (Alka Yadav Vs. Babulal Yadav), under Section 125 of Cr.P.C. Police Station Chakiya, District Chandauli.
(Praveen Kumar Giri,J.)
May 7, 2026
K.Tiwari
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