HIGH COURT OF JUDICATURE AT ALLAHABAD FIRST APPEAL DEFECTIVE No. - 973 of 2025 Court No. - 39 HON'BLE ARINDAM SINHA, J. HON'BLE SATYA VEER SINGH, J. 1. Mr. Avinash Tripathi, learned advocate appears on behalf of applicant- appellant-wife. He submits, his client is aggrieved by order dated 29th May, 2025 of the Family Court, whereby her application for rejection of the petition under section 12 in Hindu Marriage Act, 1955, was rejected. Relying on section 14 he submits, respondent could not have brought the petition before expiry of one year from date of solemnization of the marriage. As such, respondent did not have cause of action and the petition ought to have been rejected. The appeal was presented on reported delay of 74 days. Application has been made for condonation. 2. Stamp Reporter has remarked, the appeal may not be maintainable. Notwithstanding, we do not think it necessary to direct issuance of notice, either on the application or on the appeal. This is because sub-section (1) in section 14 operates in case of petitions for dissolution of the marriage. In this case respondent had sought declaration that the marriage is void. 3. In view of aforesaid, the application and the appeal are dismissed. It is made clear, appellant can contest the matrimonial case, for it to be decided on merits. 4. Registry to communicate website copy of this order to the Family Court. (Arindam Sinha,J.) (Satya Veer Singh,J.) October 9, 2025 Shiraz Versus Counsel for Appellant(s) : Ashok Kumar Mishra, Avinash Tripathi Counsel for Respondent(s) : Smt. Pooja .....Appellant(s) Harshit Rastogi .....Respondent(s) Digitally signed by :- SHIRAZ ALI High Court of Judicature at Allahabad