JUDGMENT :

1. Heard Sri Mata Achal Mishra, learned counsel for the appellant and perused the record.

2. The appellant-plaintiff (wife) has come forward to challenge the impugned judgment and order dated 22.11.2023 passed by the Family Court in Matrimonial Suit No. 272 of 2018 (Km. Ankita Devi vs. Shri Jagdependra Singh @ Kanhaiya), whereby petition filed under Section 11 of the Hindu Marriage Act, 1955 was dismissed.

3. Submission of the learned counsel for the appellant is that the dismissal of the petition under Section 11 of the Act is patently illegal. He submits that the appellant-plaintiff (wife) had initially filed a Matrimonial Petition No. 272 of 2018 on 10.2.2018 under Section 12 of the Act wherein an amendment application dated 30.3.2019 was filed, which was allowed by the Family Court vide order dated 22.2.2021 on payment of cost and Section 12 of the Hindu Marriage Act (hereinafter referred to as the ‘Act’) was deleted and in place thereof, Section 11 of the Act was incorporated. It is pointed out that the respondent-husband (defendant) challenged the said order by filing First Appeal No. 649 of 2021 (Jagdeevendra Singh @ Kannahaiya vs. Km. Ankita Devi) before this Court,