HIGH COURT OF JUDICATURE AT ALLAHABAD FIRST APPEAL DEFECTIVE No. - 1021 of 2025 Court No. - 39 HON'BLE ARINDAM SINHA, J. HON'BLE SATYA VEER SINGH, J. 1. Mr. Sanjay Srivastava, learned advocate appears on behalf of applicant-appellant (wife). He submits, his client is aggrieved by judgment dated 2nd August, 2025 of the Family Court restoring the matrimonial case filed by respondent-husband on direction to pay cost of Rs. 50,000/-, to be adjusted against the arrears of maintenance. On query he submits, the arrears as on date is Rs. 1,37,000/-, accrued at Rs. 5,000/- per month directed to be paid as interim maintenance. The appeal was presented on reported delay of 17 days. Application has been made for condonation. 2. By impugned judgment the matrimonial case stood restored. It cannot be said to be a final order for purpose of maintaining the appeal under section 19(1) of Family Courts Act, 1984. Notwithstanding, it is clear that the Family Court put condition precedent for restoring the matrimonial case, being that Rs. 50,000/- is to be paid against arrears of maintenance. Applicant will be well advised to accept the payment and proceed for execution in respect of the balance outstanding. In the mean time she can contest the restored matrimonial case. In event the payment is not made, the matrimonial case stands dismissed. Versus Counsel for Appellant(s) : Sanjay Srivastava Counsel for Respondent(s) : Smt. Sushma .....Appellant(s) Gaurav Kumar .....Respondent(s) 3. The appeal is dismissed as not maintainable. 4. Registry will communicate website copy of this order to the Family Court concerned. October 7, 2025 sailesh FAPLD No. 1021 of 2025 2 (Arindam Sinha,J.) (Satya Veer Singh,J.) Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad