DINESH SHARMA Vs. JYOTI SHARMA

JUDGEMENT

(1.) The applicant in this revision preferred under Section 115 of the Code of Civil Procedure has assailed the validity of the order dated 16-1-2014, by which, the objections raised by the applicant to the maintainability of the execution proceeding initiated by the non-applicant before the Family Court, Bhopal have been rejected. In order to appreciate the controversy involved in this revision, few facts need mention which are stated infra.

(2.) The marriage between the applicant and non-applicant was solemnized on 21-5-1983. Sometime in the year 1990, the non-applicant initiated a proceeding under Section 10 of the Hindu Marriage Act, 1955 (hereinafter referred to as the "1955 Act") in which, an ex parte decree was passed on 4-4-1990. Thereafter, the applicant in the year 1999 initiated the proceeding under Section 13(1)(a) of the 1955 Act seeking dissolution of marriage, which was decreed vide judgment and decree dated 31-8-1999. The non-applicant filed an appeal before the High Court. The High Court vide judgment and decree dated 2-9-2009 set aside the judgment and decree passed by the trial Court and on the application of the non-applicant filed under Section 25 of the Act granted an amount of 5,00,000/- (Rupees Five Lakhs only) to daughter of the parties, namely, Neha towards education and marriage expenses. Being aggrieved, the applicant filed Special Leave Petition before the Supreme Court which was dismissed vide order dated 29-1-2010. Thereafter, the applicant filed review of the judgment dated 2-9-2009 before this Court which was dismissed on 11-8-2011.

(3.) Thereafter, the non-applicant filed an application under Order 21, Rule 11 read with Section 151 of the Code of Civil Procedure before the Principal Judge, Family Court, Bhopal. The applicant filed reply on 2-12-2013, and thereafter on 20-12-2013 filed an application under Section 151 of the Code of Civil Procedure, by which, an objection was raised that the execution proceeding initiated before the Family Court is not maintainable as the decree was passed by the District Court. Thereafter, another objection was filed on 16-1-2014, inter alia, on the ground that the decree passed in favour of non-applicant is illegal. The trial Court vide order dated 16-1-2011 dismissed the objections raised by the applicant. Thereafter, the applicant filed an application for review before the Executing Court which was rejected by the Executing Court vide order dated 24-2-2014. The applicant filed a writ petition against the order dated 16-1-2014 passed by the Executing Court and on 5-4-2014, the aforesaid writ petition was dismissed as withdrawn with liberty to challenge the order dated 16-1-2014 in revision under Section 115 of the Code of Civil Procedure. In the aforesaid factual background, the applicant has approached this Court.