RENU DHINGRA Vs. VIJAY DHINGRA

JUDGEMENT

(1.) With the consent of the parties, I have heard arguments in this case and the petition is being disposed of finally.

(2.) The respondents filed a petition being HMA 574/97 for the grant of decree of judicial separation on the ground that the petitioner had treated him with cruelty. That petition is being contested by the petitioner. The petitioner also filed a suit as an indigent person in this Court under the Provisions of Hindu Adoption of Maintenance Act for the grant of separate residence and maintenance to her and the children. The petition for the grant of maintenance was filed subsequent to the petition seeking decree of judicial separation filed by the respondent. While the petition for grant of decree of judicial separation is pending in the Court of the Additional District Judge, the suit for maintenance under the Hindu Adoption & Maintenance Act is pending in this Court.

(3.) The petitioner filed an application under Section 10 read with Section 151, Civil Procedure code in the Court of the Additional District Judge in HMA Case No. 574/97 for stay of those proceedings till the decision other petition being IPA 15/97pending in this Court. The contention of the petitioner in that application was that the facts and issues that arise in the case for judicial separation and in the suit for grant of maintenance were the same and it would therefore be appropriate that the petition for judicial separation was stayed. The learned Trial Court by the impugned order dated 29/05/2000 held that under the provisions of Section 10 of the Code of Civil Procedure with a view to stay the proceedings in one of the two suits, the matter in issue in the subsequent suit must be directly and substantially in issue in the previously instituted suit and it is the subsequent suit which can be stayed and not the previous suit. The Court further held that the matter in dispute in IPA 15/97 was neither directly nor substantially in issue in the petition for judicial separation pending in that Court and theprovisions of Section 10 of the Code of Civil Procedure were, therefore, not applicable. Court dismissed-that application. Being aggrieved by the order of the Additional District Judge dismissing the application of the petitioner, present revision petition has been filed by the petitioner.