LAWS(DLH)-2006-8-271

SUJATA JUNEJA Vs. SUDHIR JUNEJA

Decided On August 24, 2006
Sujata Juneja Appellant
V/S
Sudhir Juneja Respondents

JUDGEMENT

(1.) THE present petition by Ms. Sujata Juneja (hereinafter referred to as the petitioner) is directed against the order dated 27th January, 2004 rejecting her application under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as the Code).

(2.) MR . Sudhir Juneja, the respondent herein has filed a petition for divorce under Section 13(1)(1a)(iii) against the petitioner. In this petition allegations have been made that the petitioner suffers from schizophrenia and epilepsy. On the basis of the averments made in the petition for divorce, the petitioner herein filed an application under Order 7 Rule 11 of the Code stating, inter alia, that the petition for divorce was not maintainable as she had not been sued through next friend or guardian. Reliance was placed upon the Order XXXII, Rule 15 read with Rules 1 to 14 of the Code.

(3.) I have heard learned counsel for the parties and examined the contentions.