Allahabad High Court

ASHU DUBEYversusPREETI DUBEY

Decided: 26 April 2026
Bench: VIVEK SARAN ATUL SREEDHARAN

Holding

The appeal is dismissed as infructuous because the marriage has already been dissolved by the Family Court.

Summary

Ashu Dubey appealed against the dissolution of his marriage to Preeti Dubey. The respondent filed a joint petition under Section 13‑B of the Hindu Marriage Act, 1955 before the Family Court, Jaunpur (Case No.1465 of 2023), which was granted on 27 May 2025, dissolving the marriage. The appellant sought relief by filing an appeal (First Appeal No. 677 of 2023) in the Allahabad High Court. The court observed that the marriage had already been dissolved by the Family Court’s order, rendering the appeal moot. Consequently, the High Court dismissed the appeal as infructuous without awarding costs.

Issues considered

Whether an appeal challenging a marriage dissolution remains maintainable after a joint petition under Section 13‑B of the Hindu Marriage Act has been granted.

Legislation cited

Hindu Marriage Act, 1955 — s. 13-B

Subjects

Hindu Marriage Act
Section 13-B
dissolution of marriage
appeal infructuous
family court
joint petition

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                          FIRST APPEAL No. - 677 of 2023

                                    Ashu Dubey
                                                                                              .....Appellant(s)
                                                                      Versus

                                    Preeti Dubey
                                                                                            .....Respondent(s)

                                    Counsel for Appellant(s)             :     Ram Bahadur, Ravi Yadav
                                    Counsel for Respondent(s)            :     Manish Kumar Singh

                                    Court No. - 2
                                                       HON'BLE ATUL SREEDHARAN, J.
                                                       HON'BLE VIVEK SARAN, J.

                                    1. Learned counsel for the respondent-wife submits that in view of the

                                    settlement arrived, the parties have moved a joint petition under Section

                                    13-B of the Hindu Marriage Act, 1955 before the Principal Judge, Family

                                    Court, Jaunpur being Case No.1465 of 2023 and by judgement and order

                                    dated 27.5.2025, their marriage has been dissolved. He further states that

                                    in view of the said development, the instant appeal has been rendered

                                    infructuous and may accordingly be dismissed.

                                    2. In view of the aforesaid, the appeal is dismissed as having become

                                    infructuous.

                                    3. No order as to cost.



                                                                      (Vivek Saran,J.) (Atul Sreedharan,J.)
                                    April 27, 2026
                                    Gaurav Kuls




Digitally signed by :-
GAURAV KULSHRESTHA
High Court of Judicature at Allahabad

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