Allahabad High Court
POONAM KHATRI DARANIversusKAMAL DARANI
- Decided
Holding
The appeal is dismissed as withdrawn.
Summary
The appellant filed a first appeal against a Family Court judgment dated 7 September 2021 that ordered maintenance pendente lite. The appellant later filed a withdrawal application on 27 January 2026, citing that the parties had settled their differences as reflected in a joint supplementary affidavit dated 19 December 2024. The respondent’s counsel also confirmed that a settlement had been reached. The High Court considered the withdrawal application and the parties’ statements. Finding that the appeal had been voluntarily withdrawn, the Court dismissed the appeal as withdrawn. The judgment was pronounced on 18 March 2026.
Issues considered
- What is the appropriate disposition of an appeal when the appellant has filed a withdrawal application after a settlement between the parties?
Subjects
- maintenance
- family law
- appeal withdrawal
- settlement
- pendente lite
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
FIRST APPEAL No. - 193 of 2022
Poonam Khatri Darani
.....Appellant(s)
Versus
Kamal Darani
.....Respondent(s)
Counsel for Appellant(s) : Arvind Srivastava, Mohd. Naushad
Siddiqui
Counsel for Respondent(s) : Rashmi Misra
Court No. - 29
HON'BLE ARINDAM SINHA, J.
HON'BLE SATYA VEER SINGH, J.
1. Parties are represented in this appeal preferred against judgment dated
7th September, 2021 of the Family Court directing maintenance pendente
lite. Mr. Sanjay Kumar Srivastava instructed by Mohd. Naushad Siddiqui,
learned advocates appear on behalf of appellant. Mr. Srivastava submits,
withdrawal application dated 27th January, 2026 has been filed by his
client, consequent to differences settled as recorded in joint
supplementary affidavit dated 19th December, 2024 filed in Criminal
Misc. Application no.33065 of 2024.
2. Ms. Rashmi Misra, learned advocate appears on behalf of respondent
and submits, there has been settlement.
3. The appeal is dismissed as withdrawn.
(Arindam Sinha,J.)
(Satya Veer Singh,J.)
March 18, 2026
VS
Digitally signed by :-
VIDYA SAGAR BARATAM
High Court of Judicature at Allahabad
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