India  |  Family Law

Legal Question

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

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

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