Smt. Garima Srivastava vs Abhishek

"1. Present first appeal under Section 19(1) of the Family Court Act read with Section 28 of the Hindu Marriage Act, 1955 and 96 of the C.P.C. has been filed against the judgement and order dated 22.05.2025 passed by the Additional Principal Judge, Family Court No.5, Lucknow in Regular Suit No.2890 of 2018 filed under Section 13 of the Hindu Marriage Act. The case has been allowed and decree of divorce has been granted.

¶16

2. Learned counsel for the appellant submitted that the trial court has not considered and appreciated the facts as stated by the appellant and without giving adequate reasons rejected the contention of the appellant. Apart from the above, it is stated that the parties have 9 year old daughter which was concealed by the plaintiff and even in the impugned judgement, the said aspect has not been considered. Lastly, it was submitted that in the aforesaid circumstances, there are reasonable chances of settlement between the parties and accordingly the matter may be sent for conciliation before the Mediation and Conciliation Centre, Lucknow.

¶17

3. Accordingly, admit.

4. Issue notice.

FAPL No. 118 of 2025

2

5. Steps be taken within a week.

¶22

6. List this case on 28th July, 2025.

¶23

7. On the next date, the appellant and opposite party shall appear in person so that this Court can obtain the consent for referring the matter to the mediation centre.

¶24

8. Till the next date of listing, operation of the impugned order dated 22.05.2025 passed by the Additional Principal Judge, Family Court No.5, Lucknow in Regular Suit No.2890 of 2018 shall remain stayed. "

¶25

3. In compliance of the aforesaid order, Smt. Garima Srivastava is present in person, but the sole opposite party, namely, Abhishek has not appeared. Despite that the steps have been taken, the notice could not be served upon the sole respondent, indicating the reason that ?house is always found locked, house often remains locked?

¶26

4. Learned counsel for the appellant, Smt. Poonam Singh, has stated that the respondent is adopting delay dallying tactics and avoiding his presence before this Court, therefore, any appropriate order may be passed so that the sole respondent could appear.

¶27

5. Having considered the submission of Ms Poonam Singh, list this case on 26th August, 2025.

¶28

6. On that date, the SHO, Police Station, Vikas Nagar, District Lucknow shall ensure the presence of the sole respondent Abhishek, son of Late Ram Kumar Saxena, resident of 7/91, Vikas Nagar, Lucknow.

¶29

7. If the sole respondent does not appear on the next date, the SHO concerned shall appear in person to apprise the Court as to why the soul respondent could not appear.

¶30

8. The copy of this order be provided to the SHO Police Station, Vikas Nagar, Lucknow by the registry of this Court within three working days for its compliance."

¶31

3. Shri Mohd. Yaseen, Sub Inspector, Police Station Vikas Nagar, Lucknow has ensured the presence of sole respondent Abhishek son of late Ram Kumar Saxena.

¶32

4. Appellant Smt. Garima Srivastava, is also present in the Court.

¶33

5. At the very outset, sole respondent Shri Abhishek has stated that from his wedlock with appellant Smt. Garima Srivastava, he has been blessed with a daughter namely, Vidushi, who is presently ten years old.

¶34

6. Shri Abhishek has stated that he is the father of that girl and undertakes that he shall do the needful for his daughter and he is willing to settle the dispute amicably sofar as the welfare of his daughter is concerned.

¶35

7. Shri Rishabh Tripathi, learned counsel for sole respondent submits that he has discussed with his client Shri Abhishek. Shri Abhishek is really willing to do the needful in the welfare of his daughter, for that, sometimes may be given, so that the parties could discuss about the terms and condition of that settlement.

¶36

8. Smt. Garima Srivastava has stated that in a pending matter relating to Domestic Violence Act the concerning Prescribed Authority had directed to deposit a sum of Rs.1,500/- per month for the welfare of the daughter but till date she has only received Rs.10,500/-, however, the Prescribed Authority has fixed the aforesaid amount i.e., Rs.1,500/- per month in the month of January 2017.

¶37

FAPL No. 118 of 2025

¶38

3

¶39

9. On that, Shri Abhishek has stated that he is continuously depositing a sum of Rs.1,500/- per month in terms of order being passed by the aforesaid Prescribed Authority and approximately Rs.1,28,000/- has been deposited by him through treasury Challan.

¶40

10. The appellant should claim the aforesaid amount by filing an appropriate application.

¶41

11. Learned counsel for appellant has stated that the application for release of the aforesaid amount has been filed but the amount has not been released for the reason that there are some technical defects in such deposition of the amount.

¶42

12. Be that as it may, the sole respondent may verify the exact amount, which has been deposited by him with effect from 2017. Thereafter he shall file an appropriate application before the Prescribed Authority concerned, who has passed the order for depositing the amount to the tune of Rs.1,500/- per month and make a request to release the aforesaid amount either in favour of the appellant or in his favour. If the aforesaid amount is released in favour of sole respondent, he shall pay the entire amount to his daughter through a demand draft in her name, as she is having her bank account in the State Bank of India as informed by the appellant.

¶43

13. The aforesaid exercised shall be completed within two weeks.

¶44

14. The sole respondent shall further deposit an amount of Rs.1,500/- in terms of order of the Prescribed Authority and shall ensure that the aforesaid amount be deposited properly so that the aforesaid amount could be paid to the daughter of the parties.

¶45

15. The parties may sit together along with their respective counsel today itself at 4:00 p.m. in the Mediation & Conciliation Centre of this Court where they shall be provided one cabin to discuss their issue so that any amicable solution could be worked out.

¶46

16. As per aforesaid solution, the parties shall intimate to the Court about the terms and condition of the settlement on the next date. If some monetary element is involved in that settlement and parties agree on such monetary element, on the next date such fact along with document may be shown to the Court.

¶47

17. List this case on 19.09.2025 showing the name of Shri Rishabh Tripathi, as counsel for respondent in the cause list when the case is next listed.

¶48

18. On that date, appellant Smt. Garima Srivastava and respondent Abhishek shall appear in person before this Court along with their respective counsel to apprise the Court about outcome of the meeting to be held today under the orders of this Court.

¶49

19. Interim order, if any, granted earlier shall continue till the next date of listing."

¶50

Today the appellant Smt. Garima Srivastava and the sole respondent Sri Abhishek Saxena are present .

¶51

Sri Rishabh Tripathi, learned counsel has shown the copy of application dated 12.9.2025 filed by Sri Abhishek Saxena before the court of ACJM, Court no. 28, Lucknow seeking release of the disputed amount

¶52

FAPL No. 118 of 2025

¶53

4

¶54

either in his favour or in favour of Smt. Garima Srivastava. The next date on the aforesaid application has been fixed on 9.10.2025. The photo copy of the application is taken on record and the copy of the application has already been served on the counsel for the appellant.

¶55

It is expected from the court concerned that the aforesaid application be decided / disposed of on the next date so that the amount which has been deposited by the sole respondent Sri Abhishek Saxena could be paid to appellant Ms. Garima Srivastava.

¶56

List this case on 13.10.2025. On that date the parties shall present in person to apprise the Court as to what order has been passed by the court concerned in the aforesaid application.

¶57

(Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) September 19, 2025

¶58

Om

¶59

Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Smt. Garima Srivastava v. Abhishek

Case brief

What is this about?

What did the court decide?

Smt. Garima Srivastava v. Abhishek

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Waqf Imambada Kallu Reg.No. I 1717 Thru. Beneficiary and Erstwhile Member Sri Anjum Sayeed vs State of U.P. Thru. Prin. Secy. Minority Welfare and Waqf and 2 Others

Sanjay Asthana vs Union of India Thru.Its General Manager, Baroda House North Eastern Railway,New Delhi and 2 Others

Krishanpal Singh vs State of U.P. Thru.Prin.Secy. Deptt. of Infrastructure and Industrial Development, Lko.and 4 Others

Vijay Narayan Tiwari vs U.P. Awas Evam Vikas Parishad Lko. Thru. Prin. Secy. and 4 Others

Girish Chandra Maurya vs Smt. Rekha Maurya

Union of India Thru. Secy. Ministry of Defence Room No 101A New Delhi and 3 Others vs 704960 R Jwo Dilip Kumar Pandey (Retd)