BALVEER SINGH Vs. HARJEET KAUR

JUDGEMENT

(1.) The core issue of debate in the present appeal from order, preferred by the husband is the adjudication made by the court below by the judgment dated 28.09.2015 in the Suit no. 77 of 2013, whereby while deciding issue no. 2, the Court has held that the Bar of Sec. 11 of the Code of Civil Procedure will not come into play, when the Bar is being sought to be attracted on the basis of the proceeding under Sec. 9 vis-a-vis proceeding under Sec. 13-A of the Hindu Marriage Act, 1955.

(2.) The appellant on 26.02013 had filed a petition under Sec. 13-A of Hindu Marriage Act, 1955, seeking dissolution of the marriage, which was said to have been solemnized between the plaintiff and the defendant on 15.06.1984. Although not relevant, but still it could be said that the grounds for dissolution of marriage as pleaded, was mental cruelty, mis-behaviour, physical assaults and the solemnization of second marriage with another female namely Paramjit Kaur. In the said suit the pleadings were exchanged. On the exchange of the pleadings, one of the issues which cropped up and was framed as to whether the suit in question would be barred by Sec. 11 of Code of Civil Procedure in view of the fact that the proceedings under Sec. 9 stood decided.

(3.) For the scrutiny of the aforesaid issue, reference to section 11 as contained in the Code of Civil Procedure is necessary and is quoted herein below for convenience:-