KALPANA BHARAT PATIL Vs. BHARAT ONKAR PATIL

JUDGEMENT

(1.) RULE made returnable forthwith. Heard by consent.

(2.) BY way of present petition, the petitioner challenges the order dated 7th october, 2006 passed by the learned Civil Judge (Senior Division), Shahada, below Exhibit 26 in Hindu Marriage Petition No. 7/2006, thereby rejecting the application of the present petitioner for stay of the said proceedings under Section 10 of the Code of Civil Procedure, 1908.

(3.) THE petitioner/wife filed a petition for divorce on the ground of desertion and cruelty, being Hindu Marriage Petition No. 52/2005. Thereafter, the respondent/husband has filed a petition for restitution of conjugal rights on the ground of desertion. An application came to be filed by the petitioner/wife on the ground that the petition filed by the husband/wife was subsequent to that of the petitioner/wife and that since the lis was between the same parties and the issue involved in the matter was substantially the same, it was necessary that the subsequent proceedings be stayed. However, the learned trial Court rejected the said application on the ground that the issue involved in the matter is substantially not the same in both the petitions. Hence, the present petition.