ARVIND KUMAR Vs. MUKESH

JUDGEMENT

(1.) Present petition is filed assailing the order dated 14.05.2015, passed by the Additional Judge, Family Court Roorkee, District Haridwar in Suit No. 20 of 2015, Smt. Mukesh Vs. Arvind Kumar, whereby application moved by the defendant petitioner herein, under Section 10 of the C.P.C. for staying the Suit No. 20 of 2015 till final decision in O.S. No. 119 of 2011 between the same parties was rejected.

(2.) Brief facts of the present case, inter alia, are that petitioner and respondent are legally married couple; petitioner, herein has filed earlier Suit No. 119 of 2011, Arvind Kumar Vs. Smt. Mukesh for dissolution of marriage under Section 13 of the Hindu Marriage Act, which is pending disposal in the Court of Additional Judge, Family Court Roorkee; during the pendency of Suit No. 119 of 2011, seeking dissolution of marriage, respondent wife, herein, has filed subsequent Suit No. 20 of 2015 for restitution of conjugal rights under Section 9 of the Hindu Marriage Act; in a subsequent suit filed by the wife respondent, herein, for restitution of conjugal rights, husband petitioner, herein has moved application under Section 10 of the C.P.C. for staying the proceedings of subsequent Suit No. 20 of 2015, stating that earlier suit No. 119 of 2011 between the same party is pending disposal and if decree for dissolution of marriage is passed therein, it will act as res judicata in a subsequent suit for restitution of conjugal rights, therefore, subsequent suit should be stayed under Section 10 of the C.P.C.; learned Trial Court, having heard both the parties, was pleased to reject the application so moved by the husband petitioner, herein, vide order dated 14.05.2015; feeling aggrieved, husband petitioner, herein, has invoked supervisory jurisdiction of this Court, under Article 227 of the Constitution of India.

(3.) I have heard Mr. Nagesh Aggarwal, learned counsel for the petitioner and Mrs. Neetu Singh, learned counsel for wife respondent and have carefully perused the record.