Allahabad High Court
A227/7216/2025 of RENU IMTIYAZ Vs THE LD. COURT OF ADDL. PRIN. JUDGE COURT NO. IV FAMILY COURT LKO. AND ANOTHER on 18 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 7216 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Akshay Kumar Singh, learned counsel for the petitioner. 2. By means of the instant writ petition filed under Article 227 of the Constitution of India, the
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
MATTERS UNDER ARTICLE 227 No. - 7216 of 2025
Court No. - 17
HON'BLE SUBHASH VIDYARTHI, J.
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1. Heard Shri Akshay Kumar Singh, learned counsel for the petitioner.
2. By means of the instant writ petition filed under Article 227 of the Constitution of India, the petitioner has challenged the validity of an exparte judgment and decree dated 27.8.2025, passed by the learned Additional Principal Judge, Family Court No. IV, Lucknow in Matrimonial Suit No. 1716 of 2023 under Section 9 of the Hindu Marriage Act.
3. In response to a query put by the Court that when the petitioner has got a statutory remedy of filing appeal under Section 19 of the Family Court Act available to her, why this petition under Article 227 of the Constitution of India should be entertained, learned counsel for the petitioner has submitted that the parties are Muslims and they are not subject to the provisions of Section 9 of Hindu Marriage Act and, therefore, the judgement and decree under challenge is without jurisdiction.
4. The plea of lack of jurisdiction can also be raised in appeal, which would lie before this Court itself, before the Division Bench when the petitioner has got statutory remedy of filing appeal available to her and the appeal will lie before this Court itself, though before a different Bench, it would not be proper for this Court to entertain the petition under Versus Counsel for Petitioner(s) : Palak Jawa, Akshay Kumar Singh, Mohit Nigam Counsel for Respondent(s) :
Renu Imtiyaz .....Petitioner(s) The Ld. Court Of Addl. Prin. Judge Court No. Iv Family Court Lko. And Another .....Respondent(s)
Article 227 of the Constitution of India in these circumstances.
5. Accordingly, the petition is dismissed. It is open for the petitioner to file an appeal under Section 19 of the Family Court's Act.
6. Let the certified copies of the judgement and orders filed with the petition be returned to learned counsel for the petitioner, after retaining the photo stat copies of the same on record. December 18, 2025 Muk A227 No. 7216 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench