BABU SHIROLE Vs. KSHAMA BABU SHIROLE

JUDGEMENT

(1.) THE petitioner and respondent are husband and wife respectively. The petitioner filed M. C. No. 475/2000 on the file of the Prl. Judge, Family Court, Bangalore, for a decree of divorce on the ground of desertion, mental cruelty etq. , while the respondent filed a petition in HMP. No. 100/ 2000 on the file of Civil Judge (Sr. Dn.), sholapur, Maharashtra, for a decree of divorce.

(2.) THIS petition is by the husband seeking a direction to the Civil Judge (Sr. Dn.), sholapur, Maharashtra, to stay all further proceedings in the matrimonial case in HMP. No. 100/2000 at Annexure-B.

(3.) THE petitioner asserts that the matrimonial petitions filed by the husband and wife though in two separate places, one in the State of Karnataka and the other in the state of Maharashtra, are but matters involving issues which are directly and substantially the same. In view of Section 10 of cpc providing for a specific prohibition against institution of subsequent proceedings by the very same party, wherein the issues involved are directly and substantially the same as in the previous suit, it is contended that the matrimonial suit filed by the respondent-wife be stayed.