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2025 DAILYLAW 51291 (ALL)

AJIT KUMAR v. SMT. REKHA

FAPLD/444/2025 · 2025-04-29

Avnish Saxena, Saurabh Dwivedi Registrar J Cpc

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:67656-DB Court No. - 39 Case :- FIRST APPEAL DEFECTIVE No. - 444 of 2025 Appellant :- Ajit Kumar Respondent :- Smt. Rekha Counsel for Appellant :- Surendra Kumar Tripathi Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J. Mr. Surendra Kumar Tripathi, learned advocate appears on behalf of applicant- appellant husband. He submits, his client had filed for dissolution of the marriage. Due to unavoidable reasons, he went unrepresented and the petition was dismissed. He filed for restoration on delay, with application for condonation. The delay was not condoned by order dated 25th March, 2025. His client being aggrieved, presented the appeal in time. On query Mr. Tripathi submits, the delay was about one year in filing for restoration. On further query he submits, respondent was cruel to him and left him taking the children. There was gross delay in applicant having applied for restoration. Considering he had gone unrepresented, being reason for dismissal of his petition for dissolution of the marriage, we are not inclined to admit the appeal. As such, Mr. Tripathi's client must find his remedy in context of his earlier petition having had been dismissed for default as opposed to dismissal on merits. In view of aforesaid, the appeal is dismissed. Order Date :- 30.4.2025 NSC (Arindam Sinha, J.) (Avnish Saxena, J.) Digitally signed by :- NARENDRA SINGH CHAUDHARY High Court of Judicature at Allahabad