ANJALI CHATTOPADHYAY GOSWAMI Vs. UTPAL GOSWAMI

JUDGEMENT

(1.) EXEMPTION allowed subject to all just exceptions. Application stands disposed of. By way of this petition under Article 227 of the Constitution of India, a 8 th February, 2012 and 3rd challenge has been made to the order dated September, 2012. By the order dated 8th February, 2012, the learned Addl. District Judge has allowed the respondent/husband to withdraw H.M.A. case no.105/2006 and by subsequent order dated 3rd September, 2012, the application of the petitioner/wife for recalling of the order dated 8 th February, 2012 has been dismissed.

(2.) A divorce petition was filed by the respondent/husband against the appellant/wife under section 13 of the Hindu Marriage Act which was pending consideration before the learned trial court for some time. The petitioner/wife On 7th February, 2012, contested the said petition for sometime. respondent/husband had moved an application under Order 23 Rule 1 CPC for withdrawal of the said petition on the ground that he would like to file the petition in U.K. court. The said application was allowed on 8 th February, 2012 after recording his statement. Thereafter, petitioner/wife moved an application for recalling of the said order on the ground that no notice was served and the Thereafter, vide impugned order dated 3 rd application was malafide. September, 2012, the learned trial court had upheld the order of withdrawal of divorce petition. However, the learned trial court had modified the said order to the extent that the maintenance application of the petitioner/wife under section 24 of the HMA and the application for perjury against Mr.D.N.Ray had been separated from the main petition and ordered to be registered as miscellaneous applications.

(3.) I have considered the submissions made. The order by which withdrawal has been allowed is as under:-