JUDGMENT :

1. Heard Shri Shyam Surat Shukla, learned counsel for the appellant and Shri Rakesh Dubey, learned counsel appearing for the respondent.

2. The present appeal has been filed against the judgement and order dated 10.01.2024 passed by Additional Principal Judge, Family Court No.3, Kanpur Nagar, in Case no.893 of 2022 (Deepak Mahendra Pandey Versus Shatakshi Mishra), under Section 11/5 of Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act').

3. One Deepak Mahendra Pandey filed a petition, under Section 11 of the Act on 05.04.2022 on the ground that the marriage was an outcome of fraud as he has come to know that Shatakshi Mishra (the wife, appellant herein) was already married whereas at the time of marriage, she projected herself as unmarried and even produced various documents showing herself as unmarried girl and that she has also not converted into Hinduism and therefore, the marriage be declared void after filing of the petition. Unfortunately, the husband, Deepak Mahendra Pandey died on 24.02.2023 in a road accident.

4. By the impugned order dated 10.01.2024 , the application filed by the parents after the death of their son was allowed holding that the pro