VISHAKHA BEOHAR AFR Digitally signed by VISHAKHA BEOHAR HIGH COURT OF CHHATTISGARH AT BILASPUR CR No. 119 of 2023 Order Reserved on 06.11.2025 Order Delivered on 25.11.2025

1 - Durga Bai W/o Late Anujram Sahu, D/o Shri Hagruram Sahu, Aged About 50 Years R/o Ushlapur, Mohalla Katikhar Talab, Tahsil Takhatpur, District : Bilaspur, Chhattisgarh ... Applicant versus

1 - Devlal Sahu S/o Late Anujram Sahu Aged About 33 Years R/o Village Ushlapur, Post Sakari,tahsil Takhatpur, District Bilaspur Chhattisgarh.

2 - Bharatlal Sahu, S/o Late Anujram Sahu, Aged About 34 Years R/o Village Ushlapur, Post Sakari,tahsil Takhatpur, District Bilaspur Chhattisgarh.

3 - Premlal Sahu, S/o Late Anujram Sahu, Aged About 29 Years R/o Village Ushlapur, Post Sakari,tahsil Takhatpur, District Bilaspur Chhattisgarh.

4 - Smt. Saraswati Sahu W/o Shri Kishore Kumar Sahu Aged About 46 Years R/o Padawpara Kargiroad, Kota, District Bilaspur, Chhattisgarh.

... Respondents (Cause-title taken from the Case Information System)

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For Petitioner :- Mr. Krishna Tandon, Advocate For Respondents:- Mr. R.S. Patel, Advocate -----------------------------------------------------------------------------------------------

SB- Hon'ble Shri Justice Amitendra Kishore Prasad

CAV Order

1. The applicant/defendant has filed the present revision under Section 115 of the CPC questioning the legality and validity of the order dated 05.07.2023 passed in Civil Suit No. 309-A/2018 by the Second Additional Judge, Family Court, Bilaspur, whereby the application filed by the defendants under Order VII Rule 11 of the CPC has been rejected. The Family Court held that the subject matter of the suit requires adjudication on merits and, therefore, the suit cannot be dismissed at the threshold.

2. The brief facts of the case are that the respondents/plaintiffs have filed a civil suit before the Family Court, Bilaspur seeking a declaration that the alleged marriage between his deceased father and the present applicant/defendant is null and void, alleging that after the death of his mother, Smt. Phoolbai Sahu, the applicant took advantage of his father’s loneliness, pressurized him to execute a Will in her favour, got the entire property transferred, entered her name in the service records as wife, and after his father’s death even filed proceedings under Section 125 Cr.P.C.; whereupon, the applicant/defendant appeared and filed an application under Order 7 Rule 11 CPC contending that the suit is not maintainable as under Section 11 of the Hindu Marriage Act a declaration of nullity can be sought only by either party to the marriage, and therefore the son has no locus to challenge the marriage after the death of his father; however, the learned Family Court dismissed the said application holding it to be a tactic to delay the trial, leading to the filing of the present petition.

3. Learned counsel for the applicants/defendants submitted that an application under Order VII Rule 11 of the CPC was moved before the Family Court on the ground that the plaintiffs, who are the son and daughter of late Anuj Ram Sahu, are seeking annulment of the marriage solemnised between late Anuj Ram Sahu and their step-mother, which is not permissible under law. It is contended that under Section 11 of the Hindu Marriage Act, a marriage between two Hindus can be declared void only at the instance of either of the parties to the marriage. Since neither of the parties to the marriage has filed a suit seeking declaration that their marriage is void, the plaintiffs, claiming to be the children of late Anuj Ram Sahu, cannot seek such a relief. Therefore, it is argued that the suit is not maintainable in law and is liable to be dismissed at the threshold.

4. On the other hand, learned counsel for the respondents/plaintiffs submits that the issues raised by the defendants cannot be adjudicated at the stage of an application under Order VII Rule 1