Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 90212 (ALL)

SMT. DIMPLE v. JITENDRA KUMAR

FAPL/622/2025 · 2025-09-14

Avnish Saxena, Saurabh Dwivedi Registrar J Cpc

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD FIRST APPEAL No. - 622 of 2025 Court No. - 39 HON'BLE ARINDAM SINHA, J. HON'BLE AVNISH SAXENA, J. Mr. Mohit Kumar, learned advocate appears on behalf of appellant (wife). He submits, his client is aggrieved by judgment dated 25th July, 2025 of the Family Court, rejecting her demurrer application. Said Court does not have jurisdiction. The appeal was presented in time. On caveat lodged, service has been made. Mr. Keshav Hari Dixit, learned advocate holding the brief appears on behalf of respondent. He confirms service. The caveat is discharged. Mr. Dixit submits, the appeal is not maintainable as impugned is not a final order but judgment on a preliminary issue. We accept contention of respondent. The appeal is not maintainable. It is dismissed. The dismissal, however, will not prevent appellant from finding her remedy by filing civil miscellaneous petition. Mr. Kumar seeks return of the certified copy. It be returned upon appellant filing true photstat copy. September 15, 2025 Ashutosh Versus Counsel for Appellant(s) : Mohit Kumar Counsel for Respondent(s) : Pankaj Agarwal (Arindam Sinha, J.) (Avnish Saxena, J.) Smt. Dimple .....Appellant(s) Jitendra Kumar .....Respondent(s) Digitally signed by :- ASHUTOSH SINGH High Court of Judicature at Allahabad