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september 2025

Allahabad High Court · 2025-09-04

FIRST APPEAL No. 812 of 2022 at Allahabad

Citation / case number
FIRST APPEAL No. 812 of 2022 at Allahabad
Court
Allahabad High Court
Petitioner
FIRST APPEAL No. 812 of 2022 at Allahabad
Respondent
Unknown
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Judgment text excerpt

A.F.R. Neutral Citation No. - 2025:AHC:156257 Court No. - 35 Case :- FIRST APPEAL No. - 812 of 2022 Appellant :- Smt. Varsha Sharma @ Suman Respondent :- Ajay Sharma And Another Counsel for Appellant :- Durga Prasad Tiwari,Sunil Kumar Shukla Counsel for Respondent :- Vidit Narayan Mishra Hon'ble Sandeep Jain,J. 1. The instant appeal under Section 96 C.P.C. has been filed by the plaintiff-appellant Smt. Varsha Sharma @ Suman against the judgment and decree dated 17.09.2022 passed by the court of Additional Civil Judge (S.D.) Gautam Budh Nagar in O.S. No.668 of 2015, Smt. Varsha Sharma @ Suman Vs. Ajay Sharma & others, whereby the plaintiff's suit for declaration that she is the second legal wife of late Mukesh Sharma, has been dismissed by the trial court on the ground that the suit is not maintainable because the plaintiff is seeking declaration of her matrimonial status, which can only be granted by a Family court, constituted under the Family Courts Act, 1984. 2. Brief factual matrix is that the plaintiff-appellant filed a suit with the averments that her husband Mukesh Sharma was earlier married to a woman named Rekha, and from that wedlock, the defendants were born. Thereafter,

FIRST APPEAL No. 812 of 2022 at Allahabad · Niyam