FAPLD/206/2025 of SURESH KUMAR Vs SANTOSHI KUMAR AND ANOTHER on 7 November 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW FIRST APPEAL DEFECTIVE No. - 206 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. This first appeal has been filed by the appellant under Section 19(1) of the Family Courts Act, 1984 read with Section 28 of the Hindu Marriage Act, 1955, against the judgment and order dated 25.01.2025 passed by the learned Family Court in Matrimonial Case No.357/2018, whereby the petition filed under Section 9 of the Hindu Marriage Act, 1955, seeking restitution of conjugal rights, was dismissed. The instant appeal has been filed with a delay of 977 days, as reported by the Office. In the affidavit filed in support of the application for condonation of delay, the appellant has stated that he is a person of limited means, is penurious, semi-literate and was unaware of the remedy of appeal and the limitation prescribed for the same. The appellant and the respondent both belong to the Stone Cutters Community (Pattharkata Community) and on the basis of a Panchayat decision taken by their community as per long-standing customary practice, the matter was resolved. The appellant was under bona fide belief that the dispute had been amicably settled. The delay has not been explained properly. Hence, the application for condonation of delay is rejected. Consequently, the appeal stands dismissed . November 7, 2025 Ashish Dewal Versus Counsel for Appellant(s) : Abhyudaya Mishra Counsel for Respondent(s) :

(Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Suresh Kumar .....Appellant(s) Santoshi Kumar And Another .....Respondent(s) Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench