HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW FIRST APPEAL No. - 177 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. This First Appeal has been filed within time against the judgment and order dated 19.09.2025 passed by Additional Principal Judge, Court No. 4, Family Court, Lucknow in Regular Suit No. 1199 of 2023 under Section 13(1)(ia) of the Hindu Marriage Act, 1955. 2. It has been submitted by learned counsel for the appellant that the respondent no. 2 had filed a suit under Section 13 of the Hindu Marriage Act seeking divorce, on which the appellant has filed preliminary objection and an application under Order VII Rule 11 of the Civil Procedure Code alleging that no cause of action had arisen for filing of the suit for divorce. His application has been rejected and he has been directed to file his written statement on 05.10.2025. 3. It has been submitted by learned counsel for the appellant that the appellant and the respondent no. 2 met each other in 2011 while they were studying in Nirmala Convent Inter College, Lucknow. As they matured, they realized that they love each other and therefore married each other on 09.02.2022. However, the respondent no. 2 did not come to stay in the matrimonial house. The appellant filed Suit No. 2649 of 2022 on 03.08.2022 for restitution of conjugal rights. The said suit is pending. In the meantime, the respondent no. 2 filed a suit for divorce under Section 13 on the ground of cruelty. Versus Counsel for Appellant(s) : Prem Chandra Chauhan, Mahima Dwivedi Counsel for Respondent(s) : Shubham Bahadur Singh .....Appellant(s) Addl. Prin. Judge Court No. 4 Family Court Lko. And Another .....Respondent(s) 4. Having gone through the preliminary objection made by the petitioner and the contents of the plaint filed in divorce suit by the respondent no. 2, we find that the respondent no. 2 in his objection has raised disputed questions of fact. The learned Family Court has considered both the contents of the plaint as well as the objection(s) filed under Order VII Rule 11 CPC. He has in his order impugned in this appeal not expressed any opinion on the merits of the plaint made by the appellant rather he has found that since the dispute regarding fact(s) has been raised, it would be appropriate that pleadings are exchanged between the parties before any conclusion can be arrived at and prima facie, there was no lack of jurisdiction as alleged in the application under Order VII Rule 11 CPC. 5. We find no illegality or infirmity in the order dated 19.09.2025. 6. The first appeal stands dismissed. October 17, 2025 Raj FAPL No. 177 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench