SONA RALSEL Vs. KIRAN MAYEE NAYAK

JUDGEMENT

(1.) THE instant petition is directed against the part of the order dated 19-12-2006 passed by Second Additional principal Judge, Family Court, Raipur in H. M. No. 16-A/2006 whereby and whereunder application under Order 1, Rule 13 read with Section 151 of CPC filed by the petitioner herein has been dismissed by the Trial Court.

(2.) BRIEF facts of the case giving rise to this petition are that the respondents herein jointly filed petition under Section 11 of the hindu Marriage Act (briefly, the Act) against the petitioner herein for claiming a relief of declaration to the effect that the marriage solemnized between the petitioner and the respondent No. 2 is a nullity.

(3.) THE petitioner preferred an application (Annexure P-2) under Order 1, Rule 13 read with Section 151 of CPC submitting that as far as respondent No. 1 is concerned, she has no right to prefer an application under Section 11 of the Act and, therefore, the application filed by the respondents suffers from mis-joinder of parties. The respondents herein filed a joint reply (Annexure P-4) and opposed the application on the ground stated in their reply.