HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW FIRST APPEAL DEFECTIVE No. - 150 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. Heard learned counsel for the appellant and learned counsel for the respondent. This first appeal has been filed by the appellant under Section 19(1) of The Family Court Act, 1984 against the judgment and order dated 24.04.2024 passed by Additional Principal Judge, Family Court Third, Grakhpur in Case No.287 of 2023, under Section 13 of Hindu Marriage Act. This appeal has been filed with a delay of 385 days as reported by the Office. We have gone through the affidavit filed in support of the application for condonation of delay, sworn by the appellant himself, wherein it has been stated that the respondent deserted the appellant in October 2012 on the pretext of attending her brother's wedding. His mother-in-law would often call the appellant and tell him to live in Gorakhpur. When the appellant refused, she threatened to take away her daughter, the respondent. The appellant resides in his parental home at Lucknow and works in a private medicine shop. He, therefore, could not go and live in Gorakhpur. The appellant tried to bring the respondent back to her matrimonial home in 2013 and again in 2014, but the respondent refused to return. Since 19.06.2013, the respondent has been living separately from the appellant. It has become impossible for the appellant to continue his marital life with the respondent. Mediation proceedings between the parties failed, as the respondent was herself not inclined Versus Counsel for Appellant(s) : Atul Kumar Chauhan, Pravin Kumar Ahirvar Counsel for Respondent(s) : Manoj Kumar Dubey, Sunil Kumar Tripathi Vinay Shankar Pandey .....Appellant(s) Smt. Divya Pandey .....Respondent(s) to live with the appellant. On 06.10.2020, the appellant filed Suit No. 2477 of 2020 under Section 13 of the Hindu Marriage Act before the Court of the Principal Judge, Family Court, Lucknow for divorce. By means of judgments and orders dated 28.11.2022 and 02.01.2023 passed by this Court in Transfer Application (Civil) No. 167 of 2022 and in Suit No. 2477 of 2020, the case was transferred to the District Gorakhpur. The Additional Principal Judge, Family Court-III, Gorakhpur, dismissed the divorce suit vide impugned judgment and order dated 24.04.2024. The appellant resides at Vikas Nagar, Lucknow and his marriage was solemnized at Vikas Nagar, Lucknow. The respondent had left the appellant's home situated at Vikas Nagar, Lucknow. The suit was, therefore, filed before the Principal Judge, Family Court, Lucknow, under Section 13 of the Hindu Marriage Act. The first appeal is, thus, maintainable at Lucknow. The counsel for the appellant obtained a certified copy of the judgment and order dated 24.04.2024 on 24.05.2024 and sent it to the appellant on 17.07.2024. In September 2024, the appellant became seriously ill. On 03.07.2025, the appellant met his advocate, arranged the counsel's fee and was advised to file a first appeal under Section 19(1) of the Family Courts Act, 1984. Consequently, the present first appeal was filed on 28.07.2025. The delay in filing the first appeal, according to the appellant, was due to compelling circumstances. Hence, it has been prayed that the delay be condoned. Learned counsel for the respondent has seriously opposed the delay in filing the appeal. He submits that the Family Court, vide order dated 25.09.2018, had directed payment of maintenance of ₹4,000/- to the respondent and ₹2,000/- to the daughter born out of the wedlock. The appellant did not pay the amount as required by the Court. An application for execution of the maintenance order was filed and in July 2023, only ₹40,000/- was paid to the respondent. When a recovery warrant was issued by the Family Court, Gorakhpur, the appellant filed the appeal. After filing the appeal, when notices were issued to the respondent as there was delay, FAPLD No. 150 of 2025 2 the recovery warrant was being pressed by the respondent before the Family Court at Gorakhpur, ₹20,000/- was paid on 18.09.2025. It has been argued that the delay in filing the appeal has not been explained properly. It has also been submitted that the respondent is not interested in any kind of mediation or amicable settlement, as proposed by the counsel for the appellant today in Court. Had the appellant been bona fide interested in such settlement or in the welfare of his daughter, he would have complied with the Family Court's order of maintenance, which was passed way back on 25.09.2018. It has also been argued that since the Family Court at Gorakhpur decided the case, this Court lacks territorial jurisdiction. We have gone through the application for condonation of delay, wherein it has not been disputed that the appellant received a copy of the impugned judgment and order dated 24.04.2024 on 17.07.2024. The appellant merely states that he fell seriously ill and was unable to move and therefore could not file the appeal in time. However, no documentary evidence has been filed with regard to the appellant having fallen ill. No medical prescription or certificate has been annexed with the affidavit filed in support of the application for condonation of delay. It appears that the appellant has filed the delayed appeal only after the issuance of a recovery warrant by the Family Court, Gorakhpur, because of non-compliance of the maintenance order dated 25.09.2018. We, having gone through the affidavit filed in support of the application for condonation of delay, find that the reasons mentioned therein to approach this Court with delay are specious. We find no good ground to show indulgence and condone the delay in filing the appeal. Accordingly, the application for condonation of delay is rejected. Consequently, the appeal stands dismissed. October 27, 2025 Ashish Dewal FAPLD No. 150 of 2025 3 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench