LAWS(BOM)-1994-1-54

I Vs. B

Decided On January 03, 1994
I Appellant
V/S
B Respondents

JUDGEMENT

(1.) THIS is an unfortunate litigation involving marital status of two educated women i. e. Smt. Indu Bharat Arora (known as Indu Kapoor prior to her marriage) and Smt. Reeta B. Arora (known as Reeta Dhawan prior to her marriage) both of whom were married to one Bharat Yashodanandan Arora at one time or another. An ex-parte decree of divorce was passed by the Court purporting to dissolve the marriage of Bharat Yashodanandan Arora. Soon thereafter Bharat married one Reeta. The ex-parte decree for divorce was set aside. The marriage of Bharat with Reeta is alleged to be in contravention of section 15 of Hindu Marriage Act, 1955.

(2.) AFTER setting aside of ex-parte decree of divorce, Bharat and Indu have reconciled and are residing together as husband and wife and are not interested in divorce. Reeta is interested in upholding of ex-parte decree of divorce purporting to dissolve marriage of Bharat with Indu though Bharat is no more interested in pursuing of litigation pertaining to dissolution of his marriage with Indu initiated earlier.

(3.) FOR sake of brevity, Bharat Yashodanandan Arora is hereinafter referred to as Bharat, Indu Bharat Arora is referred as Indu and Reeta Bharat Arora (formerly known by surname Dhawan) is referred to as Reeta. All the three proceedings are being decided by this common judgment for sake of convenience although each proceeding is being examined separately and independently.