DURGA PRASAD Vs. RADHABAI

JUDGEMENT

(1.) The petitioner, who is the husband of the respondent, has filed this revision against an order dated 12.12.1986 passed by the Additional District Judge, Ujjain C. Misc. Case No. 38 of 83, whereby he has rejected the application submitted by the petitioner under Order 13, Rule 10 Civil Procedure Code for summoning the original record of Case No. 127-A of 1983 of the Court of District Judge, Bhopal.

(2.) The facts giving rise to this petition, may be stated, in brief, thus: The respondent claiming herself to be the wife of the petitioner filed an application before the lower Court under Sec. 9 of the Hindu Marriage Act. In the said suit she submitted an application under Sec. 24 (which wrongly has been mentioned as Sec. 25) of the Hindu-Marriage Act claiming interim maintenance.

(3.) According to the petitioner the respondent was already divorced when she filed the present petition before the lower Court and that in fact she had remarried with one Bhanwarlal, who had filed Civil Suit against her for restitution under Sec. 9 of the Hindu Marriage Act, in the Court of the District Judge, Bhopal.