FAPLD/149/2025 of TARA RAWAT Vs SACHIN RAWAT on 17 November 2025

1. We have heard the learned counsel for the parties and also parties who appear in person.

2. This is an application seeking condonation of delay in filing appeal.

3. Cause shown in the affidavit filed in support of application for condonation of delay is sufficient.

4. Accordingly, delay in filing the instant appeal is hereby condoned. The application is allowed. [order on appeal]

5. It has been stated that in pursuance of the order passed earlier by this Court mediation proceedings were attempted but there is a report submitted regarding no agreement having been arrived at.

6. Having heard the matter at some length, we have also gone through the order impugned; it has been passed on an application under Section 24 of the Hindu Marriage Act, 1955 (hereinafter referred to as "Act, 1955") in a pending proceedings under Section 13 of the Act, 1955 filed by the husband against the wife. Versus Counsel for Appellant(s) : Rajesh Tiwari, Alok Kumar Shukla, Rajeev Kumar Singh, Vaibhav Shukla Counsel for Respondent(s) : Ravindra Kumar Singh, Awadhesh Mishra Tara Rawat .....Appellant(s) Sachin Rawat .....Respondent(s)

7. On the basis of salary slip produced by the husband, his income was determined as Rs.30,000/- per month. He is doing a private job in Reliance Jio. The Court has ordered one-time lump-sum payment of Rs.10,000/- to the appellant as litigation expenses.

8. We are of the considered opinion that Rs.10,000/- lump-sum payment may not work out equitably in favour of the appellant wife as she may have to attend the Family Court on every date when the matter is listed before it under Section 13 of the Act, 1955. We, therefore, direct the respondent to pay Rs.1,000/- to the appellant on every date which is fixed by the trial court in the pending Section 13 proceedings. Till date, no payment has been made in pursuance of the trial court's order dated 04.03.2025 but it has been informed that Rs.5,000/- was paid in pursuance of order passed by this Court on 26.09.2025 when the parties were sent to Mediation and Conciliation Centre of this Court.

9. Since the order dated 04.03.2025 has not been complied with till date and we have modified the order and now direct that the respondent shall give Rs.1,000/- on every date on which the appellant appears before the trial court, we direct the respondent to file an affidavit on every date before the trial court of having paid such amount of Rs.1,000/- to his wife Tara Rawat on every date on which the matter under Section 13 of the Act, 1955 is listed before the trial court.

10. It is in addition to Rs.5,000/- which has been directed to be paid by the respondent to the appellant to facilitate her appearance in the mediation proceedings by this Court by its interim order dated 26.09.2025.

11. With the aforesaid, the instant first appeal is finally disposed of. November 17, 2025 Shubhankar FAPLD No. 149 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench