SAN JAY P. NAIDU Vs. RUPREKA BHASKAR

JUDGEMENT

(1.) THE parties were married on 17.06.2010. Petitioner filed M.C. No. 43/2013, under Section 12 of the Hindu Marriage. Act, 1955 (for short 'Act'), in the Family Court at Bangalore, to grant a decree declaring the marriage solemnized on 17.06.2010 as a nullity. Respondent filed M.C. No. 1120/2013, under Section 13(1)(i) and (i -a) of the Act, in the Family Court at Bangalore, to grant a decree of divorce.

(2.) PETITIONER filed I.A., under Section 10 r/w Sec. 151 of CPC, on 03.02.2014, in M.C. No. 1120/2013, to stay all further proceedings of the case, till disposal of M.C. No. 43/2013, pending on the file of the I Additional Family Court, Bangalore. Considering the nature of petitions, said I.A. was rejected by the Prl. Judge, Family Court. However, M.C. No. 1120/2013 was made -over to the I Additional Family Court, Bangalore for disposal along with M.C. No. 43/2013. To quash the said order, this writ petition was filed.

(3.) IN Chitivalasa Jute Mills vs. Jaypee Rewa Cement, : (2004) 3 SCC 85, with regard to scope of Sections 10 and 151 of CPC and in the matter of consolidation of the cases, Apex Court has held as follows: