H GAYATHIRI Vs. A HARIPRASAD

JUDGEMENT

(1.) The revision petition is filed by the wife in a matrimonial dispute against an order dismissing the application under Order VII Rule 11 C.P.C refusing to reject H.M.O.P.No.753 of 2015 on the file of the Family Court, Coimbatore.

(2.) The respondent-Husband has filed the petition for divorce on the ground of cruelty in H.M.O.P.No.1027 of 2014. Pending the same, another petition in H.M.O.P.No.753 of 2015 was filed on the ground of willful desertion.

(3.) According to the petitioner, when the earlier O.P is already pending consideration for the same relief, a second petition for similar relief on a different ground, is not maintainable. It is the contention of the petitioner that he is not entitled to seek relief of divorce by way of two parallel proceedings. In fact, the petitioner-wife has also preferred H.M.O.P.No.281 of 2015 seeking restitution of conjugal rights, which is also pending. It is also stated that in M.C.No.3 of 2015 filed by the wife, she has expressed her willingness to join her husband. But however, only the respondent has been refusing to take her back to the matrimonial fold. Besides making the factual allegations, the petitioner has stated that there is no cause of action for the second O.P filed for divorce and hence, she sought for rejection of the plaint.