HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW FIRST APPEAL No. - 58 of 2021 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard the learned counsel for the parties. 2. This Appeal has been filed challenging the order dated 11.01.2021 passed by the Additional Principal Judge No.1 Family Court, Lucknow, rejecting the application filed by the appellant under Section 11 of the Hindu Marriage Act. 3. We have gone through the order, we find that the Appellant- Kripa Shanker, had alleged that the Respondent- Neha Verma, was previously married to one person by the name of Gaurav Kumar, and without obtaining divorce from Gaurav Kumar had performed a second marriage with the appellant. 4. The Court observed that under Rule 6 of the Rules framed under the Hindu Marriage Act, the appellant/ applicant should have been impleaded said Gaurav Kumar as a Respondent/ Defendant in his Suit bearing Suit No.2580 of 2017 filed under Section 11 for declaring the Marriage as void. He had failed to do so despite opportunity being given to him. 5. It has, therefore, rejected the plaint by its order dated 11.01.2021. There is no observation on the merit of the case set up Versus Counsel for Appellant(s) : Syed Ajaz Haider Rizvi, Sanjai Kumar Pandey, Shishir Pradhan, Vijay Bhan Pandey Counsel for Respondent(s) : Kripa Shanker .....Appellant(s) Neha Verma .....Respondent(s) by the appellant/ petitioner. 6. We find no legal or factual infirmity in the order dated 11.01.2021, therefore, we affirm such order but at the same time, leave it open for the appellant/ petitioner to approach the Family Court again as the Suit under Section 11 has not been decided on merits, with proper pleadings and array of parties. 7. Accordingly, this First Appeal stands disposed of. December 15, 2025 N.PAL FAPL No. 58 of 2021 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench