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Allahabad High Court · body

2025 DAILYLAW 194874 (ALL)

SHALU TIWARI v. PAWAN TIWARI

FAPLD/166/2025 · 2025-10-10

Rajnish Kumar, Zafeer Ahmad

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW FIRST APPEAL DEFECTIVE No. - 166 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J. IA 1 of 2025 1. Heard Sri Adarsh Kumar Maurya, learned counsel for the petitioner and learned AGA. 2. This is an application for condonation of delay in filing the appeal. 3. Office has reported a delay of 34 days in filing the appeal. 4. There is no objection by the other side. 5. On due consideration of the submissions and the affidavit filed in support of the application, the ground shown is sufficient to condone the delay. 6. The application is allowed and the delay in filing the appeal is condoned. 7. Office is directed to register it as regular Appeal. Order on Appeal 8. Heard learned counsel for the appellant. 9. This appeal has been filed, challenging the judgment and order dated 27.02.2025, passed by Additional Principal Judge(IIIrd), Family Court, Lakhimpur Kheri in Case No.804/2020. 10. Learned counsel for the appellant submits that the impugned judgment and order has been passed wrongly and illegally without considering the evidence and material on record, therefore, the same is not sustainable in the eyes of law. 11. Having considered the submissions of learned counsel for the appellant and on Versus Counsel for Appellant(s) : Adarsh Kumar Maurya, Alka Rani, Ambrish Kumar, Rupali Srivastava, Shubham Yadav Counsel for Respondent(s) : Shalu Tiwari .....Appellant(s) Pawan Tiwari .....Respondent(s) perusal of the impugned judgment and order,it is apparent that the impugned judgment has been passed after affording sufficient opportunity to the parties, in which the appellant could not prove the allegations of cruelty against the respondent and a plea was also taken that the respondent has relations with her aunt but neither she has been impleaded as a party nor it could be proved and despite repeated query, learned counsel for the appellant also failed to argue any ground against the impugned judgment. 12. The impugned judgment has been passed by a reasoned and speaking order, considering the evidence and material on record. Thus, this Court does not find any error or illegality in the impugned judgment. The appeal is misconceived. It is, accordingly, dismissed. October 10, 2025 Akanksha Sri/- FAPLD No. 166 of 2025 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench