Sarvesh Kumar Dubey vs Smt. Anshika Tiwari — Allahabad HC (2026) — LawSathi Research

Sarvesh Kumar Dubey vs Smt. Anshika Tiwari — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

The C.M. Application stands disposed of with directions: parties to appear before the Principal Judge, Family Court, Ambedkar Nagar on 19.05.2026 at 11 A.M. (or another date fixed within one week); compromise to be verified in the presence of signatories; appeal listed on 08.07.2026 with verification report to be submitted by the next date; original compromise deed to be presented before the Principal Judge with a certified copy of the order, and the deed filed before this Court returned to learned counsel for applicant/appellant as per Rules of Court.

Issue for consideration

Whether the first appeal can be disposed of in terms of the compromise between the parties, given that whether the parties have in fact compromised the matter can best be ascertained by the Court below, where the compromise has to be duly verified in the presence of the parties.

Court's answer

Whether the parties have, in fact, compromised the matter or not can best be ascertained by the Court below, as such compromise has to be duly verified in the presence of the parties concerned before the Court.

Ratio / Principle

The Principal Judge, Family Court, Ambedkar Nagar was directed that if the compromise is filed before it, notices shall issue to all signatories requiring their personal presence, and the compromise shall thereafter be verified; if verified, a report to that effect shall be prepared and the compromise made part of the record.

Key takeaways

Once the compromise is verified before the Court below, it shall be open to the parties to approach this Court again for setting aside the impugned order; the parties are also entitled to obtain certified copies of the verification report and the compromise.ratio¶20

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Lucknow Bench), First Appeal No.158 of 2025, C.M. Application No.IA/3/2026, decided 13.05.2026 (Alok Mathur and Amitabh Kumar Rai, JJ.). The appellant, whose Petition No.349/2022 before the Principal Judge, Family Court, Ambedkar Nagar had been rejected by order dated 06.08.2025 (first appeal under Section 19(1) of Family Court Act), applied for disposal of the appeal on the basis of a compromise arrived at between the parties and annexed to the application. The Court held that whether the parties have in fact compromised the matter can best be ascertained by the Court below, since the compromise has to be duly verified in the presence of the parties concerned. The Principal Judge, Family Court, Ambedkar Nagar was directed that, if the compromise is filed before it, notices shall be issued to all signatories requiring their personal presence and the compromise shall be verified; if verified, a report shall be prepared and the compromise made part of the record, whereupon the parties shall be entitled to certified copies of the verification report and the compromise, and it shall be open to them to approach this Court again for setting aside the impugned order. The parties were directed to appear before the Principal Judge, Family Court, Ambedkar Nagar on 19.05.2026 at 11 A.M. or on any other date fixed within one week; the appeal was listed on 08.07.2026 with the verification report to be submitted by the next date; the original compromise deed was to be presented before the Principal Judge with a certified copy of the order and the deed filed in this Court returned to counsel for the applicant/appellant as per Rules of Court. With these directions, the application stood disposed of; the appeal itself was not finally decided.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

FIRST APPEAL No. - 158 of 2025

Sarvesh Kumar Dubey

.....Appellant(s)

Versus

Smt. Anshika Tiwari

.....Respondent(s)

Counsel for Appellant(s) Counsel for Respondent(s)	: Rajesh Kumar Prajapati : Samrat Gupta, Vive	Shukla, k Soni	Yogesh

Court No. - 5

HON'BLE ALOK MATHUR, J. HON'BLE AMITABH KUMAR RAI, J.

[C.M. Application No.IA/3/2026]

1. The instant application has been filed by the appellant/applicant seeking disposal of the instant first appeal on the basis of a compromise entered into between the parties.

2. Heard Shri Rajesh Kumar Shukla, learned counsel for the applicant/appellant and Shri Mukesh Sharma, Advocate holding brief of Shri Samrat Gupta, learned counsel for the respondent.

3. The present first appeal under Section 19(1) of Family Court Act has been filed by the appellant/applicant against the order dated 06.08.2025 passed by Principal Judge Family Court, Ambedkar Nagar in Petition No.349/2022 (Sarvesh Kumar Dubey vs. Smt. Anshika Tiwari), whereby Petition No.349/2022 filed by the appellant was rejected.

4. It has been jointly submitted by learned counsel for the parties that the parties have arrived at a settlement, which has been annexed along with this application, and it is prayed that the appeal be disposed of in terms of the said compromise.

5. Whether the parties have, in fact, compromised the matter or not can best be ascertained by the Court below, as such compromise has to be duly verified in the presence of the parties concerned before the Court

FAPL No. 158 of 2025

2

below.

6. Accordingly, the Principal Judge, Family Court, Ambedkar Nagar is directed that, if any such compromise is filed before it, the Court shall issue notices to all the signatories to the compromise requiring their personal presence and thereafter proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the Court and the compromise shall be made part of the record. In that eventuality, the parties shall be entitled to obtain certified copies of the verification report as well as the compromise and it shall be open to the parties to approach this Court again for setting aside the impugned order.

7. The parties shall appear before the Principal Judge, Family Court, Ambedkar Nagar on 19.05.2026 at 11 A.M., or on any other date fixed by the Principal Judge, Family Court, Ambedkar Nagar within the next one week, which is convenient to Court as well as the parties.

8. List this appeal on 08.07.2026.

9. The Principal Judge, Family Court, Ambedkar Nagar is directed to submit its verification report to this Court by the next date fixed.

10. The original compromise deed shall be presented before the Principal Judge, Family Court, Ambedkar Nagar, along with a certified copy of this order.

11 . The original compromise deed filed before this Court along with the present application be returned to the learned counsel for applicant/appellant, as per Rules of Court.

12. With the aforesaid directions, the application stands disposed of.

(Amitabh Kumar Rai,J.) (Alok Mathur,J.)

May 13, 2026 Shubhankar

Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench