Issues framed without preliminary issues been decided:
Anurag Mittal
(Querist) 17 March 2014
This query is : Resolved
1.In Civil matrimonial proceedings at Family Courts, Can the Issues be Framed without Deciding on the Preliminary Issues raising objections on the maintainability of the petition itself.
prabhakar singh
(Expert) 17 March 2014
Why Written statement was filed if there was an objection of maintainability of very suit.?
The question raised here is vague.
In many cases it may become necessary to inquire more unless the preliminary objection is about territorial or pecuniary
want of jurisdiction of court or it relates to non discloser of cause of action itself.
Rajendra K Goyal
(Expert) 17 March 2014
Agree with the advise of expert prabhakar singh ji.
Advocate Ravinder
(Expert) 18 March 2014
Order. VII R.11 of CPC—Rejection of Plaint:
The Plaint shall be rejected in the following cases:
(a) Where it does not disclose a cause of action;
(b) Where the relief claimed is undervalued, and the plaintiff, on being required by the court to correct the valuation within a time to be fixed by the court, fails to do so;
(c) Where the relief claimed is properly valued by the plaint is written upon paper insufficiently stamped, and the plaintiff, on being required by the court to supply the requisite stamp paper within a time to be fixed by the court, fails to do so;
(d) Where the suit appears from the statement in the plaint to be barred by any law;
Provided that …..
T. Kalaiselvan, Advocate
(Expert) 20 March 2014
Your questions seems to be too academic. What is preliminary and main issue in a matrimonial petition. If it is a suit, whether written statement was filed, if so whether the said objections were incorporated, if yes, the court may proceed with framing of issues, rest other things can be brought to lime light at the time of trial.
