Citations: Balveer Singh v. Harjeet Kaur, 2017 SCC OnLine Utt 727: AIR 2017 Utt 175:(2017) 3 DMC 259
Date of Judgement: 22/06/2017
Case No: Appeal from order No. 552 of 2015
Case Type: Civil Appeal
Appelant: Balveer Singh
Respondent: Harjeet Kaur
Bench:
- Hon’ble Mr. Justice Sharad Kumar Sharma
- Hon’ble J. and Hon’ble Rajiv Sharma
Statutes Referred:
- The Hindu Marriage Act, 1995; Section 13,13-A,9,11
- Code of Civil Procedure,1858; Section 11
Cases Referred:
- Harjeet Kaur v. Balveer Singh 1987
Facts:
- Balveer Singh and Harjeet Kaur Marriage got solemnized on June 15, 1984.
- The Respondent had filed a petition on 26.02.2013 under section 13-A of Hindu Marriage Act, 1995, seeking for dissolution of marriage.
- The grounds for seeking dissolution included mental cruelty, misbehavior, physical assaults, and the solemnization of a second marriage with another woman, Paramjit Kaur.
- During the proceedings, an issue arose regarding whether the suit would be barred by Section 11 of the Code of Civil Procedure due to the prior proceedings under Section 9.
- The lower Court had held that the Bar of Section 11 of the Code of Civil Procedure will not come into play.
- In this present Appeal Balveer Singh appealed to the High Court’s regarding the decision the lower court that Section 11 of CPC Would not by applicable.
Issues Involved:
- Whether the principle of res judicata would bar subsequent suit under Section 13 of the Hindu Marriage Act or not when prior proceedings have been conducted under Section 9?
Contentions of Appellant:
The counsel for Appellant contented that-
- It was contended that the case should have been heard under section 13-A, rather than Section 9 which had been decreed before it went to this Court.
Contention of Respondent’s:
N/A
Judgement:
The court held that proceedings under Section 9 would not create a bar under Section 11 of the Code of Civil Procedure for filing subsequent suits under either Section 9 or 13-A.
Ratio Decidendi:
- The court in this case found that Sections 9 and 13-A of the Hindu Marriage Act serve different purposes and contingencies.
- Section 9 aims to reconcile a married couple, ensuring they fulfill their matrimonial obligations. In contrast, Section 13-A offers an alternative to dissolution, i.e., judicial separation.
Obiter Dicta:
N/A
Conclusion:
In the light of the facts plaintiff respectfully argues for dissolution of marriage. Supreme Court held that the doctrine of Res Judicata has a very wide concept, and it includes a lot of things and areas which are related to society and people., plaintiff respectfully argues for dissolution of marriage.
The court emphasized that an adjudication under Section 9, whether decreed or dismissed, would not affect the right to file a Section 13 suit for the dissolution of marriage at a later stage. Therefore, Section 11 of the Code of Civil Procedure would not be applicable to these proceedings.
Drafted By- Samanta Rao, CLS – Gitarattan International Business School
Edited By: Bharti Verma, Associate Editor at Law Insider
Published on: October 22, 2023 at 12:12 IST