PRIYA Vs. NAVEEN L. AHUJA

JUDGEMENT

(1.) The petitioner is before this Court assailing the order dated 17-10-2013 passed in M.C. No. 1140 of 2012. The petitioner-wife is the respondent in M.C. No. 1140 of 2012 filed by the respondent herein. The said petition was filed under Section 9 of the Hindu Marriage Act, 1955, seeking for restitution of conjugal rights. The petitioner had appeared in said proceedings and she had filed the objections statement opposing the petition. In the objections statement, a counter-claim has also been filed and in that light she had sought for dismissal of the petition filed for restitution of conjugal rights and grant of decree of divorce with permanent alimony by way of counter-claim.

(2.) In the proceedings before the Court below, the petitioner therein i.e., respondent herein did not proceed further in the matter and therefore, the Court below taking note that the petitioner was not diligent, had dismissed the petition for non-prosecution by the order dated 7-10-2013. The petitioner herein though not aggrieved by the order of dismissal of petition for non-prosecution, she is aggrieved that the Court below did not continue the proceedings to consider the counter-claim of the petitioner wherein the petitioner herein had sought for dissolution of the marriage.

(3.) Having heard the learned Counsel for the parties, with regard to the legal position that the counter-claim could have been considered independently is one aspect of the matter. However, in the present facts, the very perusal of the counter-claim that has been made and the prayer therein would indicate that, to entertain the counter-claim separately all contentions in that regard has not been put forth, since whatever stated in the earlier part, where it has been filed in the nature of objections to the petition filed for restitution of conjugal rights. Therefore, in the instant facts, if the grievance of the petitioner still survives and if the petitioner deems that it would be in her interest to seek for dissolution of marriage, it would always be open to the petitioner to file a fresh petition under Section 13 of Hindu Marriage Act, raising all contentions therein. Reserving such liberty and leaving open all the contentions, the instant petition stands disposed of.