Dismissal of divroce suit

Querist : Anonymous (Querist) 29 July 2010 This query is : Resolved
Ld Counsels,

Is possible for a family court to dismiss a petition if it is proved that the allegations prima facie are self-contradictory and no prudent person can come to a conclusion based on this.

Why family courts are failing to frame the issues as required under Order XIV of CPC and accepts the case for trial. Even at the time of framing the issues if it is established the allegation/pleadings are self-contradictory and lacks merits can the court dismiss the petition. Kindlt give me such judgements aailable or any guidelines formulated by SC.

I am basically looking for a counter-part of criminal quash in civil proceddings

Please help. Thanks

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Devajyoti Barman (Expert) 29 July 2010
Unlike discharge in criminal jurisprudence the civil case has no provision of dismissal on the primafacie discrepancy. However the suit may be dismissed u/O 7 R 11 OF CPC if the plaint does not disclose any cause of action or the relief are barred by any provision of law.
Moreover in certain circumstances the court can frame preliminary issue under order 14 rule 2 of cpc for determining such issue like lack of jurisdiction of court etc before determining all the issues involved in the suit.

Daksh (Expert) 30 July 2010
Dear Anonymous,

I concur with the logic and viewpoint of Mr.Devajyoti Barman.

Best Regards

Daksh

Raj Kumar Makkad (Expert) 30 July 2010
I do agree with Barman.

Querist : Anonymous (Querist) 31 July 2010
It is interesting to note that 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.

Does any one agree?

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