Gyan Prakash vs Rita Devi — Maintenance and Alimony | Allahabad HC (2025)

Gyan Prakash vs Rita Devi — Maintenance and Alimony | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Appeal admitted; notice to the respondent ordered, returnable at an early date, with steps to be taken within a week; appellant directed to bring a bank draft of Rs. 5,000 in favour of Rita Devi (daughter of Ram Prasad) on the next listing date; respondent directed to appear in person or through counsel to indicate willingness for referral to the Mediation and Conciliation Center; case listed for 16th December 2025 in the top 10 cases.

Issue for consideration

Whether the First Appeal under Section 19(1) of the Family Court Act, 1984 against the Family Court, Sultanpur order dated 14.07.2025 rejecting the appellant's application under Section 13(1) of the Hindu Marriage Act should be admitted for hearing. +1 more

Court's answer

The appeal has been filed within time.

Ratio / Principle

The appeal is admitted.

Key takeaways

Notice is to be issued to the respondent, returnable at an early date.ratio¶20
The appellant is directed to bring a bank draft of Rs. 5,000 drawn in favour of Rita Devi, daughter of Ram Prasad, to the Court on the next date of listing, as a token of his bona fides towards the suggested mediation proceedings.ratio¶23
The respondent is directed to appear either in person or through her counsel on the next date to indicate her willingness for the matter to be referred to the Mediation and Conciliation Center of this Court.ratio

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Lucknow Bench), First Appeal No. 144 of 2025, Gyan Prakash v. Rita Devi, coram Sangeeta Chandra and Syed Qamar Hasan Rizvi, JJ., decided November 27, 2025. Admission-stage order in an appeal under Section 19(1) of the Family Court Act, 1984 challenging the order dated 14.07.2025 of the Family Court, Sultanpur (Regular Suit No. 1082 of 2023) rejecting the appellant's application under Section 13(1) of the Hindu Marriage Act. Background per appellant's counsel: marriage solemnised 25.05.2013; respondent gave birth to a baby girl in December 2013, after which relations became strained; complaint under Sections 498A, 323 IPC and Section 3/4 of the Dowry Prohibition Act before the Judicial Magistrate, First, Rae Bareli, with the appellant presently on bail; application under Section 125 CrPC dated 30.08.2016 before the Family Court, Rae Bareli, with interim maintenance of Rs. 7,000 per month being paid; parties living separately for over ten years. The appeal was noted as filed within time and admitted; notice was ordered to the respondent, returnable at an early date; the appellant was directed to bring a bank draft of Rs. 5,000 drawn in favour of Rita Devi (daughter of Ram Prasad) as a token of bona fides towards the Court-suggested mediation; the respondent was directed to appear and indicate her willingness for referral to the Mediation and Conciliation Center; the case was listed for 16th December 2025 in the top 10 cases. No precedent cases were cited or adjudicated.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

FIRST APPEAL No. - 144 of 2025

Gyan Prakash

.....Appellant(s)

Versus

Rita Devi

.....Respondent(s)

Counsel for Appellant(s) : Hari Om Gupta, Om Prakash Gupta Counsel for Respondent(s) :

Court No. - 2

HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE SYED QAMAR HASAN RIZVI, J.

Heard learned counsel for the parties.

This appeal under Section 19(1) of the Family Court Act, 1984 has been filed challenging the order dated 14.07.2025 passed by the learned Additional Judge, Family Court, Sultanpur in Regular Suit No. 1082 of 2023 (Gyan Prakash Vs. Rita Devi) whereby the learned Principal Judge has rejected the appellant’s application under Section 13(1) of the Hindu Marriage Act.

The appeal has been filed within time.

With regard to the question of admission of the appeal for hearing, the counsel for the appellant has stated that the marriage of the appellant took place with the respondent on 25.05.2013 and in the month of December, 2013, the respondent gave birth to a baby-girl. The family members and neighbours of the appellant were shocked and the appellant was embarrassed and was ridiculed. Thereafter, The relationship between the appellant and the respondent became strained and there was no cohabitation between them and they are living separately.

It is also submitted that the respondent initiated first complaint case under Section 498A, 323 IPC and Section 3/4 of Dowry Prohibition Act, the Court of Judicial Magistrate, First, Rae Bareli. The Court issued summons and the appellant appeared and presently the appellant is on bail. In the meantime, the appellant has been appointed as assistant teacher in the primary school on 4/7/2016. The respondent has also filed an application under Section 125 CrPC on 30.08.2016 in the Court of Principal Judge, Family Court, Rae Bareli and an order was passed for interim maintenance. The appellant is giving Rs. 7,000 per month to the respondent as interim maintenance. It has been submitted by learned

FAPL No. 144 of 2025

2

counsel for the appellant that the appellant is living separately from the respondent for the past more than 10 years and there in no hope of restitution of conjugal rights between the appellant and the respondent.

Admit.

Issue notice to the respondent, returnable at an early date.

Steps be taken within a week.

The appellant has stated that since the respondent is not earning anything and is staying at her parental home along with their daughter born out of their wedlock, he is ready to pay some amount as a token to show his bona-fide to genuinely pursue the mediation proceedings which the Court has suggested and which may take place between the parties.

Therefore, the appellant is directed to bring a bank draft of Rs. 5,000 drawn in favour of Rita Devi, daughter of Ram Prasad, to the Court on the next date of listing.

The respondent is directed to appear either in person or through her counsel to indicate her willingness on the next date for the matter to be referred to the Mediation and Conciliation Center of this Court.

List this case on 16th December 2025 in the top 10 cases.

(Syed Qamar Hasan Rizvi,J.) (Mrs. Sangeeta Chandra,J.)

November 27, 2025

(Manoj K.)

Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench