SHIV KUMAR GUPTA Vs. LAKSHMI DEVI GUPTA

JUDGEMENT

(1.) An application has been filed by the petitioner/husband seeking review of the judgment and order dated 13.05.2002 passed by Division Bench of this Court, to which I was a party.

(2.) By the said judgment and Order, a Division Bench of this Court, while admitting an appeal filed by the respondent/wife (F.M.A.T.No.42220 of 2001), disposed of the said appeal in view of the submission made before the Court that no attempt was made under section 23(2) of the Hindu Marriage Act, 1955 by the learned trial Judge for re-conciliation between the parties. The Court, therefore, felt that as the learned trial Judge did not discharge its statutory duty, the judgment and order dated 19.03.2001, decreeing the Matrimonial Suit ex-parte could not be sustained. As such, the Division Bench set aside the said ex-parte decree and directed the hearing of the suit on a peremptory basis and also directed the trial Court to make an attempt for re-conciliation. The Division Bench directed the suit be decided as early as possible, but, preferably within a period of three months from 27.05.2002 unless of course reconciliation is brought about between the parties. The Court also directed that if attempts for reconciliation do not succeed the suit should be disposed of early and no adjournment should be given to any of the parties except for compelling circumstances.

(3.) For properly appreciating the case made out in the Review Petition, the material facts of the case are to be considered. A Matrimonial Suit, being Suit No.79 of 1997, was filed by the petitioner/husband before the Court of the learned Additional District Judge at Barasat, North 24-Parganas against the respondent/wife, inter alia, praying for divorce on grounds of cruelty and desertion. In that suit, on 25.08.1999, an attempt was made for re-conciliation, but, the attempt failed. Ultimately, the said suit came up for peremptory hearing on 19.03.2001 before the learned Court below and on that date, the suit was decreed ex parte in favour of the petitioner/husband and the marriage was dissolved by the said decree of divorce. Thereafter, the respondent/wife filed an application for setting aside the ex parte decree and the said application was registered as Misc. Case No. 16 of 2001. But, by an order dated 25.11.2001, the learned trial Judge was please to dismiss the said Misc. Case.