SUREKHA Vs. DILIP DEVIDAS

JUDGEMENT

(1.) REVISION is directed against the order dated 8. 10. 1997 of the 9th Addl. Distt. Judge, Indore passed in H. M. Case No. 275/96 whereby applicant's (wife) application for staying the proceedings here at Indore, has been rejected.

(2.) THERE is no dispute on the point that applicant-wife has filed a suit for divorce in the Court of Civil Judge (Senior Division) Kopargaon (Maharashtra ). The suit was filed on 11. 3. 1996. Non-applicant/husband filed a suit for restitution of conjugal rights in the Court of Addl. Distt. Judge, Indore on 16. 7. 1996. After service of summons applicant (wife) filed application Under Section 10 CPC for staying the proceedings at Indore. Learned Addl. Distt. Judge has rejected the application and refused to stay the proceedings. Hence this Revision Petition.

(3.) CONTENTION of applicant is that petition filed by her (wife) is prior in time and the grounds raised would be almost same in both the petitions and therefore, the suit filed at Indore ought to have been stayed.