V.K. GUPTA Vs. PRINCIPAL JUDGE, FAMILY COURT

JUDGEMENT

(1.) BY this petition the petitioner made a prayer to have the orders dated 5.7.2002 and 31.7.2002, passed by respondent No. 1 in O.S. No. 33/ 2002 quahsed.

(2.) THE petition under Section 13 of the Hindu Marriage Act, 1956 seeking divorce was preferred by the petitioner. The same was being contested by wife -respondent No. 2 who, during hearing of the case made allegation that the petitioner -husband had been keeping with him another lady as his wife and whose named was also disclosed to the Principal Judge, Family Court. Learned Judge took cognizance of the allegation and as is evident from the copy of the order -sheet of the said case, issued a commission to physically verify the presence of that lady, named as Mamta Saxena, in the house of the petitioner. Positive report could not be received. By the impugned order dated 5.7.2002 the learned Principal Judge, Family Court, then passed an order to summon the said lady and subsequently on 31.7.2002 passed an order to the effect that the said lady be impleaded as a co -respondent in the case if the plea of petitioner living in adultery is being pressed by the respondent No. 2 within 10 days.

(3.) WHILE parting with the judgment it need to be point out that the learned Principal Judge shall proceed with the pending petition according to law and if expenses of the litigation and interim maintenance has not been awarded to the wife -respondent No. 2, the proceedings shall be drawn in that regard also before further proceeding with the main petition under Section 13 of the Hindu Marriage Act.