Neutral Citation No. - 2025:AHC:75067 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4798 of 2019 Petitioner :- Sandeep Raikwar Respondent :- Rajni Raikwar Counsel for Petitioner :- Surendra Prasad Sharma Counsel for Respondent :- Anil Kumar Pandey Hon'ble Rohit Ranjan Agarwal,J. 1. List has been revised. No one is present on behalf of respondent though name of Sri Anil Kumar Pandey, Advocate, has been shown as counsel for respondent. 2. The petitioner, before this Court, was married with opposite party on 01.06.2012. A matrimonial dispute arose between the parties which led to filing of divorce petition under Section 13 of Hindu Marriage Act by petitioner which was instituted before Principal Judge, Family Court, Banda being registered as Case No. 117 of 2016. According to petitioner, a written statement was filed in the said case by respondent and on the basis of the pleadings of the parties, the trial court framed following issues:- "1. कयय पततवयतदयय नन वयदद कन सयथ कक रतयपकरर वयवहयर तकयय हह ? 2. अननततष " 3. On the basis of the issues framed by court below, the suit for divorce under Section 13 was decreed on 04.07.2017. Against the said judgment, no appeal under Section 19 of the Family Courts Act was filed and after about two years, the opposite party had filed Original Suit No. 99 of 2019 before Principal Judge, Family Court, Banda seeking cancellation of judgment and decree dated 04.07.2017 rendered in Case No. 117 of 2016 on the ground that it was obtained by fraud and misrepresentation. The said proceedings filed by respondent is being contested by petitioner and a written statement was filed on 16.04.2019 wherein it has been specifically stated that the court below, after the pleadings were exchanged between the parties and issues were framed, had proceeded to decree the divorce petition. 4. According to petitioner's counsel, the subsequent proceedings initiated by respondent is barred by provisions of Section 19 of the Family Courts Act, 1984. He then contended that for last 6 years, the said suit is still pending and petitioner has already married. 5. I have heard learned counsel for petitioner and perused the material on record. 6. From perusal of the material on record, it is clear that the earlier proceedings under Section 13 of Hindu Marriage Act initiated by petitioner came to an end and was finalised by order dated 04.07.2017 when the divorce decree was passed. Admittedly, against the said judgment, no appeal as mandated under Section 19 of the Family Courts Act was filed by respondent and instead another suit was preferred being Suit No. 99 of 2019 for cancellation of decree dated 04.07.2017, which is alleged to have been obtained by fraud and misrepresentation. 7. Considering the facts and circumstances of the case, I find that as the petitioner has already appeared before the court below and has filed his written statement way back in the year 2019, the Principal Judge, Family Court, Banda is hereby directed to proceed with the said matter and decide the issue as to maintainability of Original Suit No. 99 of 2019 on the ground that already the proceedings under Section 13 of Hindu Marriage Act has been decreed on 04.07.2017, against which an appeal lies and no fresh suit would be maintainable. Moreover, the petitioner had already filed his written statement raising all these points before the court concerned. The Principal Judge, Family Court, Banda is hereby directed to proceed with the said suit and expeditiously decide the same, within a period of four months, from the date of production of certified copy of this order. 8. The writ petition stands disposed of. Order Date :- 8.5.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad