JUDGMENT :

Syed Qamar Hasan Rizvi, J.

1. By means of the present Appeal filed under Section 19 of the Family Courts Act, 1984, the appellant/husband has assailed the judgment and order dated 20.05.2025 passed by the learned Additional Principal Judge, Court No.8, Family Court, Lucknow in Matrimonial Case No. 3872 of 2024 (Syed Mohd. Momin Akhtar Vs. Saima Faruqi) and has also prayed for declaration of matrimonial status of parties as 'divorced'.

2. The facts of the case in brief, shorn of unnecessary details, are that the appellant and the respondent are Sunni Muslims, their marriage was solemnized on 01.02.2022 as per the customs and practices recognized under the Muslim Personal law.

3. On account of some matrimonial disputes between the spouse / parties to this appeal, they got separated. The respondent left her matrimonial house on 12.09.2023 and started residing at her mother's house. Since then, the appellant and respondent are living separately. It is the pleaded that the appellant that he tried his level best to save their marriage, but all his efforts went in vain as no amicable settlement could have arrived. Having failed to settle the strife; appellant approached Darul Kaza Faringi Mahal at Aishbagh (herein after referred to as 'Darul Kaza'), Lucknow and sought it's help towards the settlement of discord through conciliation between the parties. On the call of Darul Kaza, the respondent appeared before the same on 22.05.2024 and demanded Talaq from the appellant. Under such circumstances, the appellant, having no other option but to resort to Talaq-e-hasan. Accordingly, the respondent (wife) was conveyed the same by means of three notices, at an interval of about one month each. The first Talaq notice was sent to the respondent, through registered post on 22.07.2024, the second notice on 22.08.2024 and finally the third notice on 25.09.2024. All the said three notices of Talaq, sent through registered post were duly received by the respondent. However, during the aforesaid period the respondent never contacted the appellant nor responded to the said notices in any manner, whatsoever. Thereafter, the appellant sought opinion from the Darul Uloom Nadwatul Ulema. On specific query regarding the status of the matrimonial relationship between the parties, Darul Uloom Nadwatul Ulema, on 07.10.2024 gave the following opinion:

"In the present matter, the matrimonial bond has already come to an end, and there is no possibility of reconciliation or renewal of Nikah. That is all"

4. It is stated on behalf of the appellant that he paid Rs. 1,00,000/-(Rupees one lakh) as Mehar to the respondent.

5. It is pleaded on behalf of the appellant that to get a formal declaration of the dissolution of marriage / Talaq, he approached the competent Court of law by preferring a declaratory Suit under Section 7 of the Family Courts Act, 1984, on 29.10.2024; before the Court of Principal Judge, Family Court, Lucknow. The said Suit was registered as Case No. 3872 of 2024 (Syed Mohammad Momin Akhtar versus Saima Faruqi). The respondent submitted her Written Statement on 24.01.2025, inter- alia admitting the averments made in the plaint. Further, the respondent /defendant in her Statement (as DW-1), filed in evidence by way of an affidavit dated 26.03.2025, showed her willingness for grant of decree of Talaq.

6. The Court of Learned Additional Principal Judge, Family Court, Lucknow vide the impugned judgement and order dated 20.05.2025 dismissed the aforesaid Suit on the premise that since neither the defendant nor any other person had challenged or denied the Talaq given by the plaintiff, and the plaintiff did not state in the plaint or evidence as to why such declaration is needed; therefore, the suit being barred by Section 34 of the Specific Relief Act and Section 20 C.P.C. is liable to be dismissed.

7. Assailing the impugned judgment and order dated 20.05.2025, the learned counsel asserted that the learned court below has wrongly applied the provisi