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2025 DAILYLAW 165748 (ALL)

SRUTHY SANKAR K V v. ADDL. PRIN. JUDGE -05 FAMILY COURT LKO. AND ANOTHER

A227/5655/2025 · 2025-09-25

Jaspreet Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5655 of 2025 Court No. - 7 HON'BLE JASPREET SINGH, J. 1. Heard learned counsel for the petitioner. 2. By means of the instant petition, the petitioner claims the following reliefs:- "(i) To set aside the order dated 30.04.2025 Annexure-6 passed by the Learned Additional Principal Judge-05, Family Court, Lucknow (opposite party no.1) in Case No.1275/2024 (Smt. Sruthy Sankar K V Versus Mahesh Pratap Singh), whereby issues have been erroneously framed under provisions akin to Section 13 of the Hindu Marriage Act, 1955, instead of Section 11 thereof; (ii) Direct the opposite party no.1 to expeditiously decide and dispose of Case No.1275/2024 on the basis of admissions under Order XII Rule 6 of the Code of Civil Procedure, 1908, by declaring the marriage between the petitioner and opposite party no.2 as null and void ab initio.". 3. At the outset, a specific query was put to the learned counsel for the petitioner as to how the instant petition is maintainable as the petitioner has already filed the proceedings under Section 11 of the Hindu Marriage Act, 1955, which is pending adjudication bearing R.S. No.1275 of 2024. 4. Since, the relief claims relate to matters pending before the Family Court Versus Counsel for Petitioner(s) : Shamsher Yadav Jagrana Counsel for Respondent(s) : Sruthy Sankar K V .....Petitioner(s) Addl. Prin. Judge -05 Family Court Lko. And Another .....Respondent(s) in terms of Section 19(4) of the Family Courts Act, 1984, the petitioner has an adequate statutory remedy. Accordingly, this Court is not inclined to entertain the petition which is dismissed as not maintainable. It will be open for the petitioner to take recourse as may be available to him in law. September 25, 2025 Rakesh/- A227 No. 5655 of 2025 2 (Jaspreet Singh,J.) Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench