SVETLANA ALEXANDROVNA DOBROCHASOVA FERRIS Vs. MICHAEL GERARD FERRIS

JUDGEMENT

(1.) The petitioner-wife filed the present writ petition against the order dated 19.03.2016 made in dismissing the petition as withdrawn and permitted to file a fresh petition in accordance with law and also directed the petitioner-husband to pay a cost of the petition within one week from the date of the order.

(2.) It is the case of the petitioner that the marriage between the petitioner and the respondent was solemnized on 10.01.2010 at Lady of Lourdes Church, Whitefield, Bengaluru and registered on 15.03.2010 as per the provisions of the Special Marriage Act. The said marriage is still subsisting and out of their wedlock, a son was born and his name is Michael Gordon Ferris.

(3.) When things stood thus, the husband filed the petition for divorce in under the provisions of Section 27 of the Special Marriages Act, 1956 raising various contentions. The present petitioner who is the respondent before the Family Court filed a counter claim denying the contentions and sought for restitution of conjugal rights. During the pendency of the proceedings, the husband filed another divorce petition in MC No.413/2016 under the provisions of Section 10 (x) of the Divorce Act, 1890 on 23.01.2016. Thereafter, the husband filed a memo for withdrawal dated 23.01.2016 filed on 20.02.2016 in M.C. No.3018/2011 stating that the said petition was filed under wrong provision and he has learnt that the said petition is not maintainable as the marriage was performed in a church under the Christian Marriage Act and hence he has filed another petition MC No.413 of 2016 and sought permission to withdraw the and to prosecute his relief in the new petition .