HIGH COURT OF JUDICATURE AT ALLAHABAD FIRST APPEAL DEFECTIVE No. - 990 of 2025 Court No. - 39 HON'BLE ARINDAM SINHA, J. HON'BLE SATYA VEER SINGH, J. 1. Mr. Bed Prakash Rai, learned advocate appears on behalf of applicant- appellant. He submits, his client and respondent joined together to petition for divorce by mutual consent. By judgment dated 14th July, 2025 of the Family Court, the petition was rejected. The appeal was presented on reported delay of 16 days. Application has been made for condonation. He submits further, copies of appeal papers were served. 2. Mr. Satendra Singh, learned advocate appears on behalf of respondent and confirms service. He submits, his client does not oppose the application for condonation of reported delay of 16 days and supports her on her contentions in appeal. 3. Perused cause shown in the application. They are accepted. The delay is condoned and the appeal admitted. The application is disposed of. Regular number be allotted. 4. Mr. Rai submits, the learned Court erred on two counts. Firstly, the parties were separate and not together in the prescribed time before filing the petition and, during its pendency. Secondly, there was omission to file compromise, which happened subsequent to passing of impugned order. His client has received Rs. 4,30,000/- being amount of agreed permanent alimony. Impugned judgment be reversed in appeal. 5. Mr. Singh reiterates, his client supports appellant in the appeal. Versus Counsel for Appellant(s) : Bed Prakash Rai Counsel for Respondent(s) : Smt. Tanisha Pandey .....Appellant(s) Abhay Bhardwaj .....Respondent(s) 6. On question of fact regarding parties living separately in the time as well as subsequent fact of compromise, same can be urged as good grounds of review. In the circumstances, we think it fit to observe that appellant and respondent may apply for review of impugned judgment, before the Family Court. 7. On above observation and without having gone into the merits, the appeal is disposed of. October 15, 2025 Shiraz FAPLD No. 990 of 2025 2 (Arindam Sinha,J.) (Satya Veer Singh,J.) Digitally signed by :- SHIRAZ ALI High Court of Judicature at Allahabad