The Allahabad High Court, Lucknow Bench, has ruled that an additional issue concerning a husband’s alleged adultery cannot be framed in a divorce proceeding initiated by him, especially when the wife has not filed a counter-claim for divorce on that ground. A division bench of Justice Rajesh Singh Chauhan and Justice Syed Qamar Hasan Rizvi dismissed an appeal filed by a wife challenging a Family Court order that had rejected her application to frame such an additional issue.

The appeal, filed under Section 19(1) of the Family Courts Act, 1984, contested the order dated July 7, 2025, by the Additional Principal Judge, Family Court-8, Lucknow. The Family Court had dismissed the appellant-wife’s application under Order XIV Rules 1-5 of the Civil Procedure Code (CPC) in a divorce petition f

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