Legal Question in Family Law in India

Order 7 Rule 11 of CPC 151 to reject a petition for divorce-section 13(1) (a-i)

some of the advocates states that order 7 rule 11 of cpc 151 is applicable under the provision of hindu marriage act. but some of the advocates states that it is not applicable under the provision of hindu marriage act. pls let me know which of the above is true. I would like to know whether the order 7 rule 11 of cpc 151 is applicable to reject a petition based on absence of cause of action or non-disclosure cause of action to reject a petition filed by my spouse under section 13(1) (a-i)--cruelty. This is a second case filed by my spouse after dismissal of mutual consent in favour of me since my wife stated that she has not lived with me from the date of marriage and i stated that i need to live with my wife. Hence the same was dismissed in favour of me. On consideration of the above, is the 2nd cruelty filed on me is subject to non- maintainability or not? Also pls let me know whether resjudicata as per section 11 of the cpc 1908 applies in this case under the hindu marriage act

Asked on 7/12/07, 5:32 pm

9 Answers from Attorneys

G. M. Gupta gmguptaandassociates
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Re: Order 7 Rule 11 of CPC 151 to reject a petition for divorce-section 13(1) (a-i)

already replied

For further detailed advice please contact personally. Consultation charges will apply.

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Answered on 7/17/07, 3:41 pm
kavitha balakrishnan kpp associates
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Re: Order 7 Rule 11 of CPC 151 to reject a petition for divorce-section 13(1) (a-i)

i have already given a detailed reply - view it once again!

engage a senior lawyer! forget all this!

the crux of the matter is whether you want to live with your wife and visa versa?

decided on the crux matter instead of lingering on the filigery and cream.

decided and engage a lawyer she/he will help you

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Answered on 7/13/07, 1:23 am
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Re: Order 7 Rule 11 of CPC 151 to reject a petition for divorce-section 13(1) (a-i)

Hai previously you or some one asked the same question to day i am answering both questions.

Sec 11 is resjudicata filing Petition on the same ground. In your case previously you wife have filed petition under mutual consent and at present she filed under the ground cruelty both grounds are different hence both are maintainable under law.

With regard to Order 7 Rule 11, it is the duty of the court to see wether the Petition or plaint filed in proper way or not basing on the plaint or Petition (But not on the Defendfence taken by the other part)the court will reject the same before numbering the case the same was discussed in 2002(1) ALT 27 (DN OHC).

Where ever the procedure was not specifically mentioned, CPC will apply automatically.

In the present case also Order 7 Rule 11 will Apply.

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Answered on 7/13/07, 7:20 am
Homi Maratha N.N. Maratha & Co.-Advocates
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Re: Order 7 Rule 11 of CPC 151 to reject a petition for divorce-section 13(1) (a-i)

good evening

you need to consult a senior lawyer .. you may contact us .. charges applicable

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Answered on 7/13/07, 7:39 am
Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]
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Re: Order 7 Rule 11 of CPC 151 to reject a petition for divorce-section 13(1) (a-i)

In the present situation the way you have described, neither res judi cata under section 11 of CPC nor provisions about return of plaint are applicable to you case. better, u contest ur case on merits as per advice of your counsel.

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Answered on 7/14/07, 12:47 pm
rajeshwar sharma rajeshwarnathsharma
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Re: Order 7 Rule 11 of CPC 151 to reject a petition for divorce-section 13(1) (a-i)

As per varios judgement the provisions oforder7rule11&s151 C.P.C. is applicable to H.M.Act but you have to file the reply by this objection and thereafter request the court to decide this issue first.

In change of circumstances and cause of action rejudicata will not apply. For further query contact me

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Answered on 7/13/07, 11:00 am
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Re: Order 7 Rule 11 of CPC 151 to reject a petition for divorce-section 13(1) (a-i)

Hai previously you or some one asked the same question to day i am answering both questions.

Sec 11 is resjudicata filing Petition on the same ground. In your case previously you wife have filed petition under mutual consent and at present she filed under the ground cruelty both grounds are different hence both are maintainable under law.

With regard to Order 7 Rule 11, it is the duty of the court to see wether the Petition or plaint filed in proper way or not basing on the plaint or Petition (But not on the Defendfence taken by the other part)the court will reject the same before numbering the case the same was discussed in 2002(1) ALT 27 (DN OHC).

Where ever the procedure was not specifically mentioned, CPC will apply automatically.

In the present case also Order 7 Rule 11 will Apply.

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Answered on 7/27/07, 8:26 am
Siddharth S. IndJurist
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Re: Order 7 Rule 11 of CPC 151 to reject a petition for divorce-section 13(1) (a-i)

I have already replied to you that order 7 r.11 cpc read with section 151 cpc is applicable in H.M.Act.Why donot you trust the court and let the court to decide the application?

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Answered on 7/13/07, 1:48 pm
Alok Sharma Alok Sharma & Associates
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Re: Order 7 Rule 11 of CPC 151 to reject a petition for divorce-section 13(1) (a-i)

There is hardly any need of resorting to O 7 R 11 CPC. Every court of any description has inherent powers to throw away a petition which do not disclose cause of action. A mutual consent petition is never dismissed in favour of a party. Plz do not try to understand "cause of action" , "maitainablity", "resjudicata" etc. You will be left confused. Engage a lawyer, he will take care.

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Answered on 7/15/07, 1:33 am

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