Case Note & Summary
The petitioner, Chethan D.S., and the respondent, Manjushree N.T., were married on 5 September 2010. Differences arose, and they separated after about six months. They filed a joint petition under Section 13-B of the Hindu Marriage Act, 1955, for dissolution of marriage by mutual consent in M.C.No.111/2012 before the Family Court, Davangere. The petition was allowed on 12 October 2012, and a decree of divorce was passed. Subsequently, the respondent filed a suit, O.S.No.23/2012, before the same Family Court seeking a declaration that the judgment and decree of divorce were null and void. The petitioner filed an application under Order 7 Rule 11 of the Code of Civil Procedure, 1908, read with Section 7 of the Family Courts Act, 1984, seeking rejection of the plaint on the ground that the Family Court lacked jurisdiction to entertain the suit. The Family Court dismissed that application on 19 February 2014. Aggrieved, the petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka. The High Court held that the Family Court had no jurisdiction to entertain a suit challenging its own decree, as the proper remedy was to file an appeal. The court allowed the writ petition, set aside the Family Court's order, and rejected the plaint in O.S.No.23/2012.
Headnote
A) Civil Procedure - Rejection of Plaint - Order 7 Rule 11 CPC - Jurisdiction of Family Court - The Family Court lacks jurisdiction to entertain a suit challenging its own decree of divorce passed under Section 13-B of the Hindu Marriage Act, 1955, as the proper remedy is to approach the appellate court. The plaint is liable to be rejected under Order 7 Rule 11 CPC for want of jurisdiction. (Paras 5-7)
B) Family Law - Mutual Consent Divorce - Section 13-B Hindu Marriage Act, 1955 - Nullity of Decree - A decree of divorce by mutual consent cannot be challenged by a separate suit before the same Family Court; the remedy lies in appeal or review. The Family Court's order rejecting the application to reject the plaint was set aside. (Paras 5-7)
Issue of Consideration
Whether the Family Court has jurisdiction to entertain a suit for declaration that a decree of divorce passed by the same court is null and void, and whether the plaint is liable to be rejected under Order 7 Rule 11 CPC.
Final Decision
The High Court allowed the writ petition, set aside the order dated 19.2.2014 passed by the Family Court, Davangere, on I.A.No.2 in O.S.No.23/2012, and allowed the application under Order 7 Rule 11 CPC read with Section 7 of the Family Courts Act, thereby rejecting the plaint in O.S.No.23/2012.
Law Points
- Jurisdiction of Family Court
- Rejection of plaint under Order 7 Rule 11 CPC
- Nullity of decree
- Mutual consent divorce under Section 13-B Hindu Marriage Act
Case Details
2014 LawText (KAR) (11) 11
Writ Petition No.19790 of 2014 (GM-FC)
Kempanna for petitioner, M. Vishwajith Rai for respondent
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging the order of the Family Court rejecting the application to reject the plaint.
Remedy Sought
Petitioner sought quashing of the Family Court's order dated 19.2.2014 on I.A.No.2 under Order 7 Rule 11 CPC read with Section 7 of the Family Courts Act and to allow the said application to reject the plaint.
Filing Reason
The Family Court dismissed the petitioner's application to reject the plaint in a suit filed by the respondent seeking declaration that the divorce decree was null and void, on the ground of lack of jurisdiction.
Previous Decisions
The Family Court, Davangere, allowed the joint petition under Section 13-B of the Hindu Marriage Act on 12.10.2012 and passed a decree of divorce. Subsequently, the respondent filed O.S.No.23/2012 seeking declaration that the decree is null and void. The Family Court dismissed the petitioner's application to reject the plaint on 19.2.2014.
Issues
Whether the Family Court has jurisdiction to entertain a suit for declaration that its own decree of divorce is null and void.
Whether the plaint is liable to be rejected under Order 7 Rule 11 CPC for want of jurisdiction.
Submissions/Arguments
Petitioner argued that the Family Court had no jurisdiction to entertain the suit challenging its own decree, as the proper remedy was to file an appeal.
Respondent argued that the suit was maintainable as the decree was obtained by fraud or collusion.
Ratio Decidendi
A Family Court has no jurisdiction to entertain a suit challenging its own decree of divorce passed under Section 13-B of the Hindu Marriage Act, 1955, as the proper remedy is to file an appeal. The plaint is liable to be rejected under Order 7 Rule 11 CPC for want of jurisdiction.
Judgment Excerpts
The respondent herein was married to the petitioner on 05.09.2010... They filed a joint petition under Section 13-B of the Hindu Marriage Act, 1955, seeking dissolution of the marriage by mutual consent... The petition was allowed on 12.10.2012 and the marriage... was dissolved and decree of divorce was passed.
The respondent filed a suit O.S.No.23/2012... to declare that the aforesaid judgment and decree is null and void.
In the said case, the petitioner filed an application under Order 7 Rule 11 CPC r/w. Section 7 of the Family Courts Act for rejection of the plaint.
The Family Court dismissed the said application.
The Family Court has no jurisdiction to entertain the suit challenging its own decree. The proper remedy is to file an appeal.
Therefore, the order impugned is liable to be set aside and the application filed by the petitioner is to be allowed.
Procedural History
The parties married on 5.9.2010. They filed a joint petition under Section 13-B Hindu Marriage Act in M.C.No.111/2012 before the Family Court, Davangere, which was allowed on 12.10.2012, dissolving the marriage. The respondent then filed O.S.No.23/2012 before the same Family Court seeking declaration that the decree is null and void. The petitioner filed I.A.No.2 under Order 7 Rule 11 CPC r/w Section 7 Family Courts Act to reject the plaint. The Family Court dismissed that application on 19.2.2014. The petitioner filed the present writ petition under Articles 226 and 227 of the Constitution before the High Court of Karnataka.
Acts & Sections
- Code of Civil Procedure, 1908 (CPC): Order 7 Rule 11
- Family Courts Act, 1984: Section 7
- Hindu Marriage Act, 1955: Section 13-B
- Constitution of India: Articles 226, 227
