Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD FIRST APPEAL No. - 711 of 2025 Court No. - 39 HON'BLE ARINDAM SINHA, J.
HON'BLE AVNISH SAXENA, J.
1. Mr. Kamlesh Kumar Tiwari, learned advocate appears on behalf of appellant. He submits, his client is aggrieved by judgement dated 7th August, 2025 allowing the application for condonation of delay filed by respondent, to enable proceeding with her application for setting aside exparte judgement dated 13th July, 2023, dissolving the marriage.
2. There is remark made by Stamp Reporter that the appeal may not be maintainable as the judgement is interlocutory in nature. The remark is correct inasmuch as in the proceeding for setting aside the exparte judgement, respondent had made delay and the Family Court accepted the explanation. In doing it, there has been illegality or material irregularity, appellant has to file civil misc. writ petition.
3. In view of aforesaid the appeal is not maintainable. It is dismissed. The dismissal will not prevent appellant from finding his remedy. Mr. Tiwari seeks return of the certified copy. He may have it on substituting it with true photostat copy. September 24, 2025 Abhishek Sri. Versus Counsel for Appellant(s) : Kamlesh Kumar Tiwari Counsel for Respondent(s) :
(Arindam Sinha,J.)
(Avnish Saxena,J.) Anil Rajpoot .....Appellant(s) Smt. Rashmi Rajpoot .....Respondent(s) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad