Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD FIRST APPEAL DEFECTIVE No. - 1004 of 2025 Court No. - 39 HON'BLE ARINDAM SINHA, J.
HON'BLE ARUN KUMAR SINGH DESHWAL, J. Sri Tiwari, learned advocate appears on behalf of appellant and submits, his client had obtained oral divorce from respondent. Subsequent thereto, he filed petition for declaration of divorce under the personal law. On query he submits, summon was issued and respondent entered appearance. Then there was compromise, for decree being made. Before it could be done, respondent withdrew from the compromise. In the circumstances, order dated 25th August, 2025 was made dismissing the case and consigning the record. He submits, it is a final order and the appeal is maintainable. It was filed in time. Sri Santosh Mani Shukla, learned advocate appears on behalf of respondent. We think fit to record our observation that appellant can move for recall of the order before the Family Court. Upon exhausting said remedy, appellant can seek to exercise his statutory right of appeal. With above observation, the appeal is disposed of. September 26, 2025 S.C. Versus Counsel for Appellant(s) : Abhitab Kumar Tiwari Counsel for Respondent(s) :
(Arindam Sinha,J.)
(Arun Kumar Singh Deshwal,J.) Mohd. Saddam .....Appellant(s) Smt. Ayasha .....Respondent(s) Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad