LAWS(RAJ)-2012-5-18

CHANDRA Vs. RAJENDRA GIRI

Decided On May 03, 2012
CHANDRA Appellant
V/S
RAJENDRA GIRI Respondents

JUDGEMENT

(1.) BY the impugned order dtd.20.12.2012, the learned Court below has rejected the application of the petitioner Smt. Chandra under Order 7 Rule 11 C.P.C. in a matrimonial case No.59/2010 ? Rajendra Giri V/s Smt. Chandra, filed by the respondent Rajendra Giri.

(2.) THE defendant Smt. Chandra claimed in the application under Order 7 Rule 11 C.P.C. that since the respondent ? plaintiff Rajendra Giri had come to the Court with a case that no marriage according to Hindu rites took place between the parties, therefore, she was not entitled to get maintenance from him under Section 125 Cr.P.C. and the marriage be declared void under Section 11 of the Hindu Marriage Act, such a petition was not maintainable and deserves to be dismissed at threshold on the anvil of Order 7 Rule 11 C.P.C.