TEJAS JAYENDRAKUMAR KOTHARI Vs. SHIVANGI PANKAJBHAI BHATT

JUDGEMENT

(1.) Invoking the jurisdiction of this Court under Article 227 of the Constitution, the petitioner-husband has filed the present petition seeking to set aside order dated 08th September, 2016 below Exh.73 passed by leaned Principal Senior Civil Judge, Kalol in Hindu Marriage Petition No.46 of 2009. By the said application, what was prayed before the court below was to allow the Hindu Marriage Petition, which prayer was rejected and that has resulted into the present Revision Application.

(2.) Stating the gist of application Exh.73 and the prayer therein, it was submitted by the petitioner-applicant that since he had re-married after the ex-parte decree of divorce dated 11th February, 2010 passed in his Hindu Marriage Petition (HMP), leading to irreversible situation, the HMP was required to be allowed.

(3.) The attendant facts are that the marriage between the petitioner-husband and the respondentwife was solemnised on 26th January, 2008. On 19th September, 2009 petitioner-husband filed HMP No.46 of 2009 seeking divorce on the ground of cruelty. According to the say of the petitioner-husband, in May, 2008 the wife had left the matrimonial home out of her own volition, whereafter on account of the intervention of the elder family members, the spouses stayed together till 08th June, 2008 at Ahmedabad, but, as the case of the husband runs, the wife again left the matrimonial house on 04th July, 2008.