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2020 Supreme(Del) 286

MANMOHAN, SANJEEV NARULA
Manpreet Kaur – Appellant
Versus
Harjyot Singh – Respondent


Advocates Appeared:
For the Appellant :Mr. Hrishikesh Baruah with Ms. Radhika Gupta, Advocates
For the Respondent:Mr. Amit Gupta with Ms. Malvika Tiwari, Advocates

JUDGMENT :

MANMOHAN, J.

1. Present appeal has been filed challenging the order and judgment dated 18th November, 2019 passed by the learned Single Judge of this Court, whereby the appellant/defendant-wife’s application being I.A.No.15976/2019 under Order VII Rule 11 CPC filed in CS(OS) No.444/2019 was dismissed.

2. Learned counsel for the appellant/defendant emphasises that the plaint filed by the plaintiff/husband is barred by law i.e. under Section 4 of the Hindu Marriage Act, 1955 (hereinafter referred to as the ‘Hindu Marriage Act’) read with Sections 7 and 20 of Family Courts Act, 1984 (hereinafter referred to as the ‘Family Courts Act’). The said sections are reproduced here-in-below:-

    “4: Overriding effect of Act— Save as otherwise expressly provided in this Act,—

(a) any text rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before the commencement of this Act shall cease to have effect with respect to any matter for which provision is made in this Act;

(b) any other law in force immediately before the commencement of this Act shall cease to have effect in so far as it is inconsistent with any of the provisions contained in this A

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