JUDGMENT

Vipin Sanghi, J. (Oral). - CM. Nos.35874/2021 & 35876/2021

1. Exemptions allowed, subject to all just exceptions.

2. The applications stand disposed of.

MAT.APP.(F.C) 100/2021 and CM. Nos.35873 & 35875/2021

3. The appellant has assailed the order dated 22.03.2021 passed by the learned Judge, Family Courts, New Delhi District, Patiala House Courts, New Delhi in HMA No.315/2018. By the impugned order, the Family Court has dismissed the application filed by the appellant wife under Order VIIRule 11 CPC seeking rejection of the aforesaid divorce petition preferred by the respondent under Section 13(l)(ib) of the Hindu Marriage Act, 1956 ('the Act') to seek dissolution of marriage on the ground of desertion.

4. The appellant sought rejection of the petition by placing reliance upon Order II Rule 2 CPC. The submission of the appellant - in support of the said application, was that the respondent/ husband had earlier instituted two cases, namely, HMA No.471/2014 for judicial separation under Section 10 of the Act, and HMA No.637/2014 for divorce on the ground of cruelty under Section 13(l)(ia) of the Act, but had failed to include the ground of divorce premised upon the alleged desert