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DELHI HIGH COURT
MANMOHAN, SANJEEV NARULA
Manpreet Kaur – Appellant
Versus
Harjyot Singh – Respondent
| Table of Content |
|---|
| 1. introduction of the case (Para 1) |
| 2. legal provisions invoked (Para 2 , 3) |
| 3. previous judgments referenced (Para 4 , 5 , 6) |
| 4. hierarchy of court decisions (Para 9 , 10 , 11) |
| 5. jurisdiction of civil courts (Para 12) |
| 6. nature of the suit (Para 14 , 15 , 16) |
| 7. public interest in judicial proceedings (Para 17) |
| 8. conclusion of the appeal (Para 18) |
JUDGMENT
Manmohan, J. (Oral)--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 hereinbelow:
"4: Overriding effect of Act- Save as otherwise expressly provided in this Act,-
(a) any text rule or interpretation of Hindu law o
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