ATANU GHOSH Vs. TANIA GHOSH

JUDGEMENT

(1.) The impugned order is a strange order which has been passed in a litigation between the husband and the wife. Admittedly, a suit for divorce was filed by the husband/petitioner on the various grounds as envisages under the Hindu Marriage Act.

(2.) It is undisputed that the suit was posted at the peremptory stage and the examination in chief of the petitioner commenced.

(3.) At this stage, an application for withdrawal of the suit was taken out by the husband petitioner with a liberty to institute a fresh suit on the self-same cause of action as the instant suit would die prematurely on the formal defects.