Legal Question in Family Law in India

order 7 rule 151(d) of CPC 151

Can I file a petition under order 7 rule 11(d) of 151 cpc to reject a petition for divorce filed under a case of cruelty (13)(1)(a-i) filed by my spouse in the family court under the hindu marriage act. My spouse states that cpc is not applicable in the family court for a case filed under hindu marriage act since there it is a special act to guide the family court

Asked on 7/10/07, 3:04 pm

8 Answers from Attorneys

kavitha balakrishnan kpp associates
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Re: order 7 rule 151(d) of CPC 151

i think you are too confused! it is a lawyer's job to dwell upon such legal matters! any way to reply to your query -

cpc - is laws relating to the procedure of the courts of civil jurisdiction - (how it is to be conducted)

family court is also a civil court and follows cpc!

hindu/christian /muslim/ special marriage Act is for the persons to whom it is applicable.

cpc - or.VII R.11 relates to rejection of plaint

R.11 has 6 subsections -

a- no cause of action;

b-under valued suit;

c - insufficiently stamped

d- barred by any law;

e&f - filing defects

since you want to go for 11(d) - first you have to say by what law?

remember! there is nothing to prevent in filing a fresh suit if the earlier suit has been dismismissed for rejection of plaint!

contest the case - insted of wasting your time in finding loop holes!

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7/13/07, 12:31 am
Homi Maratha N.N. Maratha & Co.-Advocates
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Re: order 7 rule 151(d) of CPC 151

good afternoon

in case of special law the cpc will apply and it does not mean that both of them are ceased, you can go ahead and leave it on the court to decide. and your wife is not the law !!

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7/12/07, 3:31 am
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Re: order 7 rule 151(d) of CPC 151

Where ever there is no specific procedure CPC will apply to those cases. CPC will apply to the family courts also.

But Order 7 Rule 11 is provided for rejuction of Plaint or Petition. Before numbering the suit if there ar e any mistakes or latches the court will reject the Plaint or Petition under Order 7 Rule 11. Once the Plaint or Petition was numbered you cant file Petition to reject the Plaint or Petiotion under Order 7 Rule 11.

However you have right to file a Petition to diside the case as preliminary issued before going into the merits of case.

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7/13/07, 7:26 am
Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]
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Re: order 7 rule 151(d) of CPC 151

in a pending case, it is better to follow the advice of your counsel who is conducting matter before the courts.

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7/14/07, 12:55 pm
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Re: order 7 rule 151(d) of CPC 151

Where ever there is no specific procedure CPC will apply to those cases. CPC will apply to the family courts also.

But Order 7 Rule 11 is provided for rejuction of Plaint or Petition. Before numbering the suit if there ar e any mistakes or latches the court will reject the Plaint or Petition under Order 7 Rule 11. Once the Plaint or Petition was numbered you cant file Petition to reject the Plaint or Petiotion under Order 7 Rule 11.

However you have right to file a Petition to diside the case as preliminary issued before going into the merits of case.

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7/27/07, 8:21 am
rajeshwar sharma rajeshwarnathsharma
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Re: order 7 rule 151(d) of CPC 151

You will be in trouble if you will not the reply/writtenstatement. You may take this objection in the reply and request the court to decide this objection as preliminary issue. provivions of CPC are applicable in HMT cases

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7/11/07, 12:42 pm
Siddharth S. IndJurist
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Re: order 7 rule 151(d) of CPC 151

As such there is no specific bar.Even if there is special law even then the applicability of cpc or inherent power of court does not mean that the same are ceased to exist.So go ahead.Let the court to decide the application u/o.7 Rule 11 read with section 151 cpc.your spouse is not a judge nor she is a law.

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7/11/07, 2:18 pm
G. M. Gupta gmguptaandassociates
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Re: order 7 rule 151(d) of CPC 151

this provision is not for rejection on any ground. it is specifically on the ground that there is NO CAUSE OF ACTION. i suppose that they must have mentioned the clause and ur objection will be a waste.

still u can take any objection u want in ur reply.

searh for good objection and dont make vague objections.

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

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7/11/07, 2:26 pm

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