VIJAY SHAH Vs. PADMINI SHAH

JUDGEMENT

(1.) THE present appeal under Section 28 of the Hindu Marriage Act, 1955 (for short as the "Act") has been filed by the Appellant/Husband against the judgment/order dated 03.12.07 passed by Gurdeep Saini, ADJ, Delhi praying for setting aside the impugned order.

(2.) THE question that arises in the present appeal for consideration is as to whether a subsequent divorce petition, when earlier petition for divorce has been dismissed in default, is barred under Order IX Rule 9 of the Code of Civil Procedure, 1908 (for short as the "Code")?

(3.) IT is alleged by the Appellant that no application was made for restoration as the Respondent had promised for reconciliation. She, however, subsequently refused to do so. Thereupon the Appellant filed a fresh petition for divorce in Delhi on 22.01.96 on the additional ground of desertion besides cruelty.