DARIKA BHATIA Vs. V L BHATIA

JUDGEMENT

(1.) Present order disposes of defendant's application under Order 7 rule 11 CPC.

(2.) It may be noted at the outset that though Order 7 Rule 11 CPC was invoked to non-suit the plaintiff on issue of jurisdiction, during arguments it was also urged that with the marriage of the plaintiff on 18.3.2003 the cause of action has dissolved itself and, therefore, in view of the said admitted fact, suit has been rendered infructuous.

(3.) Backdrop of the facts on which the cause has been founded for the relief prayed by the plaintiff is that mother of the plaintiff and defendant were married in Delhi on 31.5.1969 as per Hindu Rites and Ceremonies. Parents separated in October, 1998. Both parents were at Dubai when separation took place and defendant initiated divorce proceedings against his wife. On 26.4.1999 defendant embraced Islam. On 19.6.2000 defendant and his wife signed a settlement which was recorded in a court order at Dubai as consent terms on 26.6.2000. Ex-parte decree of divorce was obtained by the defendant against his wife on 20.12.2000. In terms of the consent resulting in a settlement between the defendant and his wife, various properties were given and money was paid by defendant to his wife. Qua the plaintiff, defendant executed a gift deed in respect of DLF Appartment No.1306B, Baverly Park-II, Qutub Enclave Complex, Gurgaon. Defendant and his mother owned a flat being No.5, Lily Close St.Pauls Court, West Kinston, London. As per the terms of settlement, defendant transferred his 50% share in the flat to his wife. At the time of settlement flat was under mortgage and it was a term that the defendant would be free from mortgage. Flat in question at London is in occupation of the plaintiff as admitted in para 2(g) of the plaint.