ARVIND KUMAR SHARMA Vs. VINEET SHARMA

JUDGEMENT

(1.) Leave granted.

(2.) The original prayer made by the respondent No.1 before the Principal Judge, Family Court, Dehradun was that the proceedings in Original Suit No. 74 of 2009 and Original Suit No.263 of 2009 should be consolidated and tried together. This prayer was rejected by the Family Court by its judgment and order dated 27th January, 2012. Consequently, respondent No.1 filed appeal before the High Court. The High Court noticed the fact that the appellant - husband has filed two suits. In one suit, he is seeking divorce from the wife.

(3.) In the other suit, he is seeking permanent injunction as well as temporary injunction, restraining the wife from entering the matrimonial home of the couple. It is also noticed by the High Court that in the second suit, ex parte ad interim order of injunction had been granted in favour of the husband. The aforesaid suit is still pending. Instead of deciding the issue on merits, the High Court admitted the appeal and stayed the operation of the ex parte ad interim order of injunction as well as hearing of both the suits until the appeal is heard and decided.