VEERPALKUAR Vs. JAGDEEP SINGH

JUDGEMENT

(1.) Assailed herein is an order dtd. 10/3/2026 passed by learned Family Court, Hanumangarh vide which an application filed by appellant wife under Order 7 Rule 11 of CPC for rejection of divorce petition instituted by respondent-husband was dismissed.

(2.) Brief facts first. Petition under Sec. 13(1)(a) of the Hindu Marriage Act, 1955 was filed on 17/1/2024. The marriage between the parties was solemnized on 10/11/2002 at Hanumangarh. It is stated in petition that at the time of marriage, the respondent-husband was about 18 years of age and the appellant was about 22 years of age. Averment is that the age- related details and the capacity to consent were allegedly not properly disclosed, which vitiates the validity of the marriage under Sec. 5(3) of the Act.

(3.) The appellant moved an application under Order 7 Rule 11 read with Sec. 151 of the Code of Civil Procedure, 1908, seeking rejection of the divorce petition. The application referred to earlier proceedings between the parties, including dismissal of a petition under Sec. 11 of the Act which was dismissed and no appeal was filed. A decree under Sec. 9 of the Act has been passed in favour of the appellant, against which an appeal is pending before the High Court. It was thus objected that the petition under Sec. 13 was not maintainable in light of the pending litigation.