HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW FIRST APPEAL No. - 9 of 2023 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Sri Shireesh Kumar, learned counsel for the appellant and Sri Siddharth Nandwani, learned counsel for the respondent. 2. By means of this appeal, the appellant has prayed for following main relief: "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to allow the appeal and set-aside the order dated 05.12.2022 passed by Additional Principal Judge, Family Court No.2, Lucknow in Original Suit No.2208 of 2010, under Section 13(1)(1-B) readwith 1-A of Hindu Marriage Act, 1955; Aseem Kumar Mishra v. Smt. Reena Mishra." 3. This Court has passed the order dated 16.09.2025, which reads as under:- "Heard Sri Shireesh Kumar, learned counsel for the appellant and Sri Siddarth Nandwani, learned counsel for the respondent. The appellant- Aseem Kumar Mishra and respondent- Smt. Reena Mishra are present in Court. Learned counsel for the respondent has stated that he has gone through the synopsis being filed by Sri Shireesh Kumar and also the proposed conditions for mutual settlement on Versus Counsel for Appellant(s) : Gaurav Singh, Abhay Nath Mishra, Divya Mishra, Padm Kirti, Shireesh Kumar, Utkarsh Kumar Counsel for Respondent(s) : Siddharth Nandwani, Siddharth Nandwani, Atul Tiwari Aseem Kumar Mishra .....Appellant(s) Smt. Reena Mishra .....Respondent(s) behalf of the appellant. He has advised his client and is hopeful that the proper solution would be worked out within short span of time in-as-much as his client is willing to consult with her family members. Though, the proposal given by the appellant through his counsel Sri Shireesh Kumar appears to be bone fide and the reasonable proposal of the appellant is to the effect that he shall pay a sum of Rs.50,00,000/- as a one time settlement, but considering the fact that some short time being sought by the respondent, therefore, list this case on 25.09.2025. On that date, this case shall be taken up at 02.30 p.m. It is made clear that this case shall not be adjourned on the next date as the aforesaid time is given to the respondent as last opportunity. The appellant- Aseem Kumar Mishra has given a sum of Rs.20,000/- to the respondent- Smt Reena Mishra before this Court in terms of order dated 03.05.2024 and she has accepted the aforesaid amount." 4. Sri Siddharth Nandwani learned counsel for the respondent has informed that his client is present in the Court. He also informed the Court that he tried his level best to convince his client to agree for amicable settlement; but could not succeed as she is not at all ready for the same. Under such circumstances, he expressed his reluctance to advance his further arguments before this Court in the instant appeal. 5. Sri Shireesh Kumar, learned counsel for the appellant has stated that the appellant is also present in the Court. He requested that if the respondent is not agreed to the proposal made by the appellant as mentioned in the order dated 16.09.2025 then the matter may be remanded to the Court concerned afer setting aside the order dated 05.12.2022 passed by the Additional Principal Judge, Family Court No.2, Lucknow in Original Suit No.2208 of 2010. FAPL No. 9 of 2023 2 6. Keeping in view the facts and circumstances of the case, we find it appropriate to remand the matter before the Family Court concerned by setting aside the order dated 05.12.2022. 7. Accordingly, the learned Family Court concerned is directed to adjudicate/decide the case on merits strictly in accordance with law, with expedition preferably within a period of six months from the date of this order. 8. The instant appeal is allowed with the above direction. . (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) September 25, 2025 Reena/- FAPL No. 9 of 2023 3 Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench