(1.) The present Civil Revision Application has been filed challenging the order passed by the learned Principal Judge, Family Court, Ahmedabad below Exh.16 in Family Suit No.271 of 2022 dtd. 5/10/2023.
(2.) For the sake of convenience, the parties herein are referred to as their original status referred to before the Family Court i.e. petitioner - husband and the respondent - wife, for the sake of convenience.
(3.) Learned advocate for the respondent - wife has argued that the respondent challenges the order dtd. 5/10/2023 passed by the learned Principal Judge, Family Court below Exh.16 application filed under Order VII Rule 11 of 'the Code, 1908' on the ground that the learned Family Court has not properly examined the petition and from the facts stated in the plaint, the suit is not maintainable. It has also been argued that composite petition for nullity of the marriage under Sec. 12 for divorce is not maintainable. Hence, the composite petition for nullity of marriage and dissolution of marriage by a decree of divorce is required to be rejected under the provisions of Order VII Rule 11 of 'the Code, 1908'.