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SUJOY PAUL
Swathi Srivatsav – Appellant
Versus
Rohit Kumar – Respondent
ORDER :
Sujoy Paul, J.
The petitioner-wife filed an anti suit perpetual injunction for restraining the respondent-husband from proceeding with the dissolution of marriage before the Family Court at Wellington, New Zealand. The petitioner-wife executed a Special Power of Attorney dated 23.03.2022 authorizing her father to file plaint under Order VII Rule 1 read with Section 26 of the Civil Procedure Code, 1905 (CPC). The said Original Suit (O.S) was not numbered and registered by the Office of the Court below, but the same was taken up as SR No.682 of 2024 pregnant with number of office objections. The petitioner in order to satisfy the Court about the objections argued the matter on office objections, but the Court below by docket order dated 09.05.2024 decided to return the said suit. This docket order is subject matter of challenge in the present Civil Revision Petition before this Court under Article 227 of the Constitution.
2. Shorn of unnecessary details, as pleaded the relevant facts are that the petitioner and respondent solemnized their marriage as per Hindu rites and customs on 19.11.2019 at Gaya (Bihar). The marriage was registered under provisions of Special Marriage Act, 1
Procedural rules must facilitate justice, and administrative instructions cannot override statutory provisions, allowing for the registration of suits under the Family Courts Act.
The procedural law must facilitate justice; objections not outlined in the statute cannot impede plaint registration at the initial stage.
(1) Return of plaint – For curing any of permissible defects, no court shall return plaint more than once – Returning plaint multiple times on multiple grounds is a sin in procedure.(2) Encumbrance c....
Object of Special Law of Family Courts Act is to decide matrimonial cases in a speedy manner.
(1) No application for amendment shall be allowed after trial has commenced unless court comes to conclusion that in spite of due diligence party could not have raised matter before commencement of t....
Issue regarding validity of the marriage will have to be decided by the Family Court.
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