MAJ BALDEV CHAMAN (RETD) Vs. SHEILA CHAMAN

JUDGEMENT

(1.) The appellant has assailed the order dated 10th September, 2014 whereby his petition under Section 24 of the Special Marriage Act, 1954 seeking a declaration that his marriage with the respondent be declared nullity has been dismissed, primarily for the reason that the petitioner had not pleaded basic facts necessary to disclose cause of action in the present petition. The Family Court has further held in the impugned order that, if it was accepted that the appellant was a patient of recurring epilepsy at the time of marriage, the same was not recognized as a condition for valid marriage under the unamended Special Marriage Act, 1954. It was therefore, held that the petition was not maintainable and was dismissed.

(2.) We are informed by learned counsel for the appellant that notice had not been issued to the respondent before the Family Court and by the impugned order dated 10th September, 2014, the matter was dismissed at the initial stage itself. We have therefore, heard learned counsel for the appellant.

(3.) The impugned order would show that in fact the Family Court has exercised its jurisdiction under Order VII Rule 11(a) of the CPC which enables courts to reject the petition on the ground that it does not disclose a valid and subsisting cause of action for bringing and maintaining the petition against the respondent. The Family Court has additionally held that the petition was barred by law under Order VII Rule 11(d) of the Code of Civil Procedure.