SUMAN @ SEEMA Vs. NARENDRA @ NANASAHEB

JUDGEMENT

(1.) THIS revision application under Section 115 of the Code of Civil Procedure has been filed by applicant Suman aggrieved by the order dated 20 -6 -89 passed by the Joint Civil Judge, Senior Division, Amravati, rejecting the application filed by her before the said Court under Section 10 of the Code of Civil Procedure for staying the proceedings in Hindu Marriage Petition No. 52 of 1988 filed by the non -applicant Narendra on 23 -3 -1988 in the said Court.

(2.) THE facts of the case are that both the applicant and the non -applicant are husband and wife and matrimonial dispute arose between the parties leading to filing of divorce petition by the wife applicant, bearing Hindu Marriage Petition No. 43 of 1988 in the Court of the Joint Civil Judge, Junior Division, Amravati, on 17 -3 -1988 under Section 13 of the Hindu Marriage Act, 1955. Subsequent to the filing of the proceedings for divorce by the wife on 17 -3 -1988, the non -applicant husband filed an application under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights on 23 -3 -1988 in the said Court, which has been registered as Hindu Marriage Petition No. 52 of 1988.

(3.) THE Trial Court by the order impugned has rejected the said application filed under Section 10 of the Code of Civil Procedure, on the ground that the point for determination in two proceedings are not identical and same and, therefore, subsequent Hindu Marriage Petition No. 52 of 1988 filed by the non -applicant cannot be stayed.