Pushpa Devi vs Sanjay Kumar Rai — Allahabad HC (2025) — LawSathi Research

Pushpa Devi vs Sanjay Kumar Rai — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions only: notice ordered on the condonation/exemption applications and the appeal; one set of process fee accepted for service by registered/speed post with A.D.; applicant to furnish English translation of the impugned judgment; matter listed fresh for 27th January, 2026. Question of maintainability under section 19, Family Courts Act, 1984 left undecided.

Issue for consideration

Whether an appeal against dismissal for non-prosecution of a matrimonial dissolution petition is maintainable under section 19 of the Family Courts Act, 1984, given that such dismissal is not adjudication. +1 more

Court's answer

The order of dismissal for non-prosecution is not one on adjudication; hence a question arises whether the appeal is maintainable under section 19 of the Family Courts Act, 1984. The court did not decide this question.

Ratio / Principle

As the respondent husband had filed for divorce and the applicant-appellant wife also seeks dissolution, the court considered it fit to direct issuance of notice on the applications and the appeal.

Key takeaways

Service directions: one set of process fee accepted for service by registered/speed post with A.D.; applicant to put in requisites and furnish an English translation of the impugned judgment on the adjourned date.ratio¶¶11
The matter is to be listed afresh on 27th January, 2026.ratio¶¶12

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Court No. 39 (Arindam Sinha and Satya Veer Singh, JJ.) — FIRST APPEAL DEFECTIVE No. - 1354 of 2025, Pushpa Devi v. Sanjay Kumar Rai, decided December 16, 2025. Applicant-appellant wife, claiming she had no notice of the proceeding, sought to contest the respondent husband's petition for dissolution of marriage which the Family Court had dismissed on 25th November, 2021 for non-prosecution; she wished to file a counter claim also seeking dissolution. The appeal was presented on a reported delay of 1444 days, with applications for condonation and exemption. Observing that dismissal for non-prosecution is not adjudication and that maintainability under section 19 of the Family Courts Act, 1984 was questionable (left undecided), the court nonetheless directed issuance of notice on the applications and the appeal, accepted one set of process fee (registered/speed post with A.D.), required requisites and an English translation of the impugned judgment, and listed the matter afresh for 27th January, 2026.

HIGH COURT OF JUDICATURE AT ALLAHABAD

FIRST APPEAL DEFECTIVE No. - 1354 of 2025

Pushpa Devi

.....Appellant(s)

Versus

Sanjay Kumar Rai	.....Respo
Counsel for Appellant(s)	: Ashok Kumar Pandey
Counsel for Respondent(s)	:

.....Respondent(s)

Court No. - 39

HON'BLE ARINDAM SINHA, J. HON'BLE SATYA VEER SINGH, J.

Mr. Ashok Kumar Pandey, learned advocate appears on behalf of applicantappellant wife. He submits, his client is aggrieved by order dated 25th November, 2021 of the Family Court dismissing the petition for dissolution of the marriage filed by respondent husband, for non prosecution. His client had no notice of the proceeding. She would want to contest the case by filing counter claim, also for dissolution of the marriage. Hence, she is aggrieved. The appeal was presented on reported delay of 1444 days. Applications have been made for condonation and exemption.

The order of dismissal for non prosecution is not one on adjudication. There arises a question whether the appeal is maintainable under section 19 of Family Courts Act, 1984. However, since respondent husband had filed for divorce and applicant-appellant wife says she also wants divorce, we think it fit to direct issuance of notice on the applications and appeal. Accept one set of process fee for service by registered/speed post with A.D. Applicant will put in requisites. She will also provide English translation of impugned judgment, on adjourned date.

List on 27th January, 2026 as fresh.

(Arindam Sinha,J.)

(Satya Veer Singh,J.)

December 16, 2025 Salim

Digitally signed by :- SALIM PRAVEJ High Court of Judicature at Allahabad