RASNA Vs. ARUN

JUDGEMENT

(1.) THIS petition is directed against the order dated 2. 8. 1995 whereby the application filed by the applicant under Order VII Rule 11 of the Code of Civil Procedure has been dismissed by the Trial Court.

(2.) IN this case, the non-applicant filed an application for divorce stating that the non-applicant and the applicant were married on 8. 5. 1988 according to the Hindu Baidya Community at Raigarh. It was also alleged by the non-applicant that he became Muslim at Bilaspuro on9. 11. 1993 and changed his name as Anwar. On this ground alone it was pleaded that since the non-applicant ceased to be a Hindu, he is entitled to divorce under Section 13 (1) (ii) of the Hindu Marriage Act (hereinafter referred to as 'the Act', for short ).

(3.) THE applicant, after service of notice upon her, raised an objection under Order VII Rule 11 read with Section 151 of the Code of Civil Procedure to the effect that no cause of action subsists in favour of the non-applicant to obtain a decree of divorce.