MEENAKSHI GAVLI BAGHEL Vs. SUJEET BAGHEL

JUDGEMENT

(1.) THIS first appeal arises out of the order dated 12.11.2009 of the learned Family Court, Indore in H.M.A.Case No.829/08 by disposing of the application under Order 7 Rule 11 CPC thereby rejecting the plaint. Today, the appeal is taken up for final hearing with the consent of the parties. Record has also been received.

(2.) BRIEFLY stating the facts giving rise to the filing of this appeal are that a divorce petition under Section 13 of the Hindu Marriage Act, 1955 was filed by the appellant before the family Court, wherein pleadings were made that the parties to the petition were Hindu and that the liss was governed under the provisions of Hindu Marriage Act, 1955. Allegations have been made against respondent of treating the appellant with cruelty and therefore a decree of dissolution of marriage was sought under Section 13 of the Hindu Marriage Act. The appellant also filed an application under Section 24 of the Hindu Marriage Act claiming maintenance from the respondent.

(3.) THE respondent did file a written statement. In the written statement, the respondent denied that the parties were governed by the provisions of Hindu Marriage Act. Before awaiting filing of any reapplication by the appellant to the aforesaid written statement, the respondent filed an application under Order 7 Rule 11 CPC praying for rejection of the plaint on the ground that in the light of the Section 2(2) of the Hindu Marriage Act, the respondent being a member of Scheduled Tribe, the provisions of Hindu Marriage Act were not applicable in his case and therefore the petition filed by the appellant under Section 13(1) of the Hindu Marriage Act being not maintainable was liable to be rejected. Para 3 of the averments made in the said application is reproduced hereunder: -