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Striking out of pleadings by family court.

Querist : Anonymous (Querist) 31 July 2010 This query is : Resolved 
Ld counsels,

Under order VI rule 16 of CPC it is possible to strike out the pleadings if found vexatious and causes prejudice.

This partly gives power to the civil court to reject a case pertaining to the pleadings that can be struck out.

In a case for annument of marriage under section 12(1c) of hindu marriage act the petitioner is pleading that the respodent is forced into marriage. such pleadings is expressly denied and barred under the section 12(1c) where only the peitioner before the court or his/her gaurdian can alone plead that his/her consent was obtained by force.

Is it possible for the court to scrike out the pleading from the petition.

Devajyoti Barman (Expert) 31 July 2010
This particular pleading does not seem to be sufficient for striking out of that portion of the pleading. The harrassive, vexacious or frivolous nature of the statement is not there .Go for revision in the high court.
Chanchal Nag Chowdhury (Expert) 01 August 2010
The purpose of the power to strike out vexatious pleadings is not to shut out one's case or defence. It is the primary duty of the court to go in for justice and for that even procedural laws can be ignored.
In your case, it seems the other side i.e., the petitioner, is pleading the case of the O.P. The rule is that the petitioner will have to succeed on the strength of his case. Here it seems the petitioner is trying to succeed by making out a case for the O.P. which has not been pleaded by the O.P. & trying to succeed on that. If that be so, I think it has been rightly rejected.
However,if the petitioner is aggrieved, he is at liberty to approach higher forum in Revision.
s.subramanian (Expert) 01 August 2010
yes.Mr.chowdhry is right.
Querist : Anonymous (Querist) 01 August 2010
Thank you Mr. Chowdhry, as pointed out the such pleading lacks in strength of his own case, and sands for the reason to reject.

I really appreciate your thoughts.


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