FIRST APPEAL No. 178 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD FIRST APPEAL No. - 178 of 2026 Hafij .....Appellant(s) Versus Smt. Parveen Khatoon .....Respondent(s) Counsel for Appellant(s) : Moeez Uddin Counsel for Respondent(s) : Kameshwar Singh, Sudhanshu Kumar Singh Court No. - 2 HON'BLE ATUL SREEDHARAN, J. HON'BLE VIVEK SARAN, J. 1. Translated copies of the judgment, is taken on record. 2. Present appeal has been filed by the appellant, who is challenging the order dated 28.01.2026 passed by the learned Principal Judge, Family Court, Banda, by which the respondent-wife was granted divorce under the relevant provisions of the Dissolution of Muslim Marriages Act, 1939. 3. The main objection that has been taken by the learned counsel for the appellant is a glaring discrepancy on the part of the learned Trial Court in entertaining the plaint filed by the respondent-wife. Undisputedly, in this case, the plaint was filed under the provisions of the Muslim Women Marriage Dissolution Act, 1986, in Hindi it is given as "अन्तर्गत धारा - मुस्लिम स्त्री विवाह विच्छेद अधिनियम, 1986 ", such a law does not exist. The plaint was filed apparently, (looking at the year of the Act, which is 1986), under the Muslim Women