KRISHAN KUMAR Vs. RUCHI

JUDGEMENT

(1.) -THIS appeal has been preferred by plaintiff/appellant against defendant/respondent upon notice. Both the learned Counsel argued at length before this Court. No other party is available, therefore, we wanted to go into merits of the appeal at the very beginning. We find the appeal arising out of dismissal of the suit under section 9 of Hindu Marriage Act, 1955 which was dismissed under Order VII, Rule 11 of Code of Civil Procedure, 1908 (hereinafter referred to as C. P. C. ).

(2.) THE contention of the plaintiff/appellant is that whether the marriage was at all solemnized or not, is a mixed question of law and fact, therefore, there is no scope for dismissal of the suit at the threshold under Order VII, Rule 11 C. P. C. Twice chances were given to the defendant/respondent to file written statement but she failed to file the same and the suit has been decided against the plaintiff/appellant.

(3.) THE defendant/respondent has taken a plea that an earlier suit was dismissed for default and the recalling application was also dismissed but the plaintiff/appellant has suppressed such fact. No marriage was solemnized. The suit is frivolous in nature and was filed only to harass the defendant/ respondent. Such type of suits should not be delayed in hearing. Entire career of the girl is involved. Therefore, the suit has been rightly dismissed by the Family Court.