2025:UHC:1193-DB SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS AO No.15 of 2025 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Pankaj Purohit, J. Mr. Shivam Sharma, learned counsel for appellant, through V.C. 2. This appeal under Section 19 of Family Courts Act is directed against order dated 03.01.2025. By the said order, application filed by appellant under Order 7 Rule 11 of CPC was partly allowed as regards the objection raised by appellant regarding Court Fee. However, as regards the second objection that no cause of action is made out, the said application was rejected. 3. Learned counsel for appellant submits that a petition under Section 10 of the Hindu Marriage Act can be filed by a husband only on the grounds mentioned in Section 13(1) of the said Act; the plea of desertion was taken in the plaint filed by the respondent, however, two years’ period from the date of marriage had not completed at the time of filing of petition as per requirement of Section 13(1)(ib) of the Act. 4. He further submits that there is no evidence to show that appellant meted out cruel treatment towards the respondent/his family members, therefore, the plaint filed under Section 10 of Hindu Marriage Act was liable to be rejected under Order 7 Rule 11 of CPC, as without any cause of action. 5. We have gone through the impugned order and also the plaint. Perusal of Para 3 of the plaint reveals that allegation of cruelty was leveled by respondent against 2025:UHC:1193-DB the appellant. Law is well settled that evidence is not to be disclosed in the plaint. While considering an application under Order 7 Rule 11 of CPC, the plaint averments alone have to be seen and the stand/pleadings of the defendant to the suit has not to be considered at all. 6. Hon’ble Apex Court in the case of Dahiben Vs. Arvindbhai Kalyanji Bhanushali (Gajra) reported in (2020) 7 Supreme Court Cases 366 has held that under Order 7 Rule 11 of CPC, a duty is cast on the court to determine whether the plaint discloses a cause of action by scrutinizing the averments in the plaint, read in conjunction with the documents relied upon, or whether the suit is barred by any law. 7. Since, pleadings regarding cruelty are made in the plaint, therefore, it is not necessary for the plaintiff to also raise the ground of desertion, as a petition under Section 10 of Hindu Marriage Act can be maintained on any one of the ground indicated in Section 13(1) of the said Act. 8. In view of the averments made in the plaint, learned Family Court was justified in rejecting the application filed by the appellant. Thus, there is no scope for interference with the impugned order. 9. In view of the above, the appeal fails and is accordingly dismissed. No order as to costs. (Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 19.02.2025 PN