HIGH COURT OF JUDICATURE AT ALLAHABAD FIRST APPEAL DEFECTIVE No. - 875 of 2025 Court No. - 39 HON'BLE ARINDAM SINHA, J. HON'BLE AVNISH SAXENA, J. 1. Mr. Shailendra Kumar Ojha, learned advocate appears on behalf of applicant-appellant, who was husband in the marriage dissolved on judgment dated 26th May, 2025 of the Family Court. He submits, respondent chose not to appear and the judgment was made ex parte against her. His client is aggrieved to extent that permanent alimony directed at Rs.1.5 lakhs be modified as to be paid by his client in three installments of Rs.50,000/-, payable in nine months. The appeal was presented on reported delay of 38 days. Application has been made for condonation. 2. There is presumption that the Family Court lawfully proceeded ex parte against respondent. Applicant-appellant is in possession of a decree for dissolution of the marriage carrying direction for permanent alimony. His prayer for installments is really to enable payment of the gross sum, by installments, within nine months from date. No execution proceeding has been launched by respondent. He has that time to get the money together and deposit it in the Family Court. If in the meantime, execution proceeding is filed by respondent, he can ask for the balance time from the executing Court. Versus Counsel for Appellant(s) : Ashutosh Mishra, Shailendra Kumar Ojha Counsel for Respondent(s) : Babbu Parmar @ Jagdish .....Appellant(s) Smt. Kavita @ Bhumi .....Respondent(s) 3. In view of aforesaid, there is no necessity to deal with the condonation of delay application, leading to question of admission and adjudication of the appeal. 4. The application and appeal are disposed of as above, without notice to respondent. September 18, 2025 Ashutosh FAPLD No. 875 of 2025 2 (Arindam Sinha, J.) (Avnish Saxena, J.) Digitally signed by :- ASHUTOSH SINGH High Court of Judicature at Allahabad