DR.SHOBHA TOMAR Vs. DR.B.S. TOMAR

JUDGEMENT

(1.) The writ petition challenges the order dtd. 10/1/2018 whereby the application moved by the petitioner under Sec. 23(1)(b) of the Hindu Marriage Act read with Order 7, Rule 11 CPC has been rejected by the Family Court, Judge.

(2.) Counsel for the petitioner submits that in view of the provisions contained under Sec. 23(1 )(b), and in view of the compromise arrived at between the parties after filing of the divorce petition which was revoked later on. Proceedings thereafter could not be entertained on ground of cruelty as it would be deemed to have been condoned. Hence there was no cause of action remaining with the Court to continue with the proceedings. Learned counsel submits that Code of Civil Procedure Code shall apply to the Family Court proceedings. He has also taken this Court to the documents which were placed along with an application to show that an affidavit has been filed by the respondent with regard to compromise and secondly with regard to the affairs of the trust and the relations between two parties. Learned counsel submits that the dispute arising between the parties in the matters relating to trust, as trustees cannot be taken to be sufficient for taking up case of divorce on the ground of causing cruelty.

(3.) Having heard both the counsel, this Court finds that Sec. 21 of the Hindu Marriage Act, 1955 provides guidance to the Family Court and states that "subject to the other any provisions contained in this Act and to such rules as the High Court may make in this behalf, all proceedings under this Act shall be regulated, as far as may be, by the Code of Civil Procedure, 1908."