VIDYANIDHI DALMIA Vs. NILANJANA DALMIA

JUDGEMENT

(1.) IN this application, the defendant seeks rejection of the plaint, under order 7, Rule 11, Code of Civil Procedure, 1908 (hereafter "cpc") on various grounds, such as the plaint not disclosing a cause of action, the suit being barred and so on.

(2.) THE plaintiff has, in the suit, seeks the following reliefs:

(3.) THE plaint, rather prolix, avers about the marriage of the plaintiff with the defendant, on 10-5-1978, according to Hindu rites; the birth of their two children- a daughter on 27-4-1984, and a son, on 12-2-1990. The plaintiff claims to have abided by his legal relationship with the defendant as a husband. He however alleges that the defendant has indulged in acts of cruelty which led to his leaving the matrimonial home, at 27 Akbar Road, New Delhi, and taking separate residence at F-1, Anand Niketan, New Delhi, on rent, after brief spells as a paying guest. He alleges to have stayed within the marriage relationship despite acts of cruelty by the defendant.