KULBHUSHAN DANIA Vs. KAMLA DANIA

JUDGEMENT

(1.) The petitioner-herein had filed in the Court of the Additional District Judge, Delhi a petition under Sec. 9 of the Hindu Marriage Act for restitution of conjugal rights.

(2.) The respondent moved an application under Sec. 10 of the Code of Civil Procedure for stay of the said petition. It was alleged by the respondent that on 29th Jan., 1985 she had filed a petition for divorce before the 1st Civil Judge, Meerut and, therefore, this petition for restitution of conjugal rights should be stayed as the issue in both the cases was directly and substantially the same and the petition for divorce had been filed earlier at Meerut.

(3.) By the order dated 17th Nov., 1986, the Additional District Judge, Delhi stayed the restitution petition which was filed here. It is this order which is challenged in this revision petition.