PRACHI NARAYAN Vs. LALIT NARAYAN

JUDGEMENT

(1.) RESPONDENT -husband has sought divorce on the ground of cruelty and in the petition for divorce, an application under Order 7 Rule 11 of CPC was filed by the wife, who is petitioner herein and the said application has been dismissed vide impugned order of 21st October, 2009.

(2.) REJECTION of petition filed for divorce on the ground of cruelty is sought by petitioner -wife on the ground that marriage between the parties stood already dissolved vide decree of 21st November, 2008 by the court of competent jurisdiction in United States of America (USA) .

(3.) TO resist petitioner's application under Order 7 Rule 11 CPC respondent -husband had relied upon Second Part of Clause C of Section 13 of Code of Civil Procedure (CPC) which mandates that where a judgment is founded on a refusal to recognize the law of this country in cases in which such a law is applicable, the judgment will not be recognized by the courts of this country. Clause C of Section 13 of CPC reads as under: -