IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1760 of 2007 RENU KUMARI Versus RAJESH KUMAR ----------- 2 2/9/2008 Heard counsel for the petitioner. In the opinion of this Court prayer of the petitioner to dismiss the suit filed by her husband under the provisions of order VII Rule 11 of the Code of Civil Procedure is wholly misconceived and has been rightly rejected by the court below. At the stage of rejection of plaint only plaint has to be looked into and if the petitioner was so sanguine that the suit is not maintainable for any reason whatsoever, she had always occasion to raise such preliminary objection after filing of the written statement and getting the preliminary issue framed. That having been not done, this Court would not find any error in the impugned order. Counsel for the petitioner next contended that the suit was malafide and in fact, it was aimed to deprive the petitioner from the amount of maintenance which was fixed in the earlier suit. This Court would not find any merit in the submission as that suit was dismissed and for the period it remained alive the petitioner has been paid the amount under section 24 of the Hindu Marriages Act. Today, if the petitioner has any such case, she can always move the court now in this suit claiming such maintenance, but that cannot make the suit not maintainable. 2 That being so, this Court does not find any merit in this application and the same is dismissed. ( Mihir Kumar Jha, J. ) Abhay Kumar