HIGH COURT OF JUDICATURE AT ALLAHABAD FIRST APPEAL DEFECTIVE No. - 531 of 2026 Court No. - 2 HON'BLE ATUL SREEDHARAN, J. HON'BLE VIVEK SARAN, J. Re : Civil Misc. Delay Condonation Application No. Nil of 2026 1. Application is filed for condoning the delay of 57 days in filing the appeal. 2. In view of what has been stated in the application, the delay is condoned. 3. The delay condonation application is allowed. 4. Office is requested to allot regular number to the appeal. Re : Order on the Appeal 1. The present appeal has been filed by the appellant who is aggrieved by the judgement and order dated 03.02.2026 passed by the learned trial court. 2. The appellant before this Court is the wife. The husband had filed a Hindu Marriage Act case before the court of the Addl. Principal Family Court Judge, Varanasi against the appellant herein for grant of divorce predominantly on the grounds of cruelty. The case of the husband was dismissed by the learned trial court by the impugned order. The appellant- wife has challenged the said order on the ground that the respondent- Versus Counsel for Appellant(s) : Sudhir Kumar Srivastava Counsel for Respondent(s) : Rajni Mishra .....Appellant(s) Pankaj Rajhans .....Respondent(s) husband though the judgement debtor, would get the benefit as the appellant would have to live with him. She further says that the learned trial court did not consider the fact that the respondent had married a second time during the subsistence of his marriage with the appellant herein. This Court asked the learned counsel for the appellant whether the appellant had filed a counter claim before the learned trial court in the case filed against her by the respondent-husband or if she had ever filed a separate case for divorce on the ground of bigamy. Learned counsel has answered in the negative to both the queries. 3. Under the circumstances, the appellant does not have the jurisdiction to maintain the present appeal as the order passed by the learned trial court does not adversely affect her, but her husband the respondent herein and this Court is unaware whether the respondent has filed an appeal against the impugned order. 4. Under the circumstances, this appeal is dismissed as not maintainable. May 18, 2026 Gaurav Kuls FAPLD No. 531 of 2026 2 (Vivek Saran,J.) (Atul Sreedharan,J.) Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad