KAKALI MUKHERJEE Vs. GAUTAM MUKHERJEE

JUDGEMENT

(1.) This revisional application under section 115 of the Code of Civil Procedure ("Code") is at the instance of a wife/respondent in a suit for divorce under the provision of section 13(1) (iii) of the Hindu Marriage Act, 1955 ("Act") and is directed against Order No. 42 dated June 4, 1998 passed by the learned trial Judge in Matrimonial Suit No. 38 of 1997 thereby allowing an application under Order 32 Rule 15 of the Code filed by the husband/opposite party and fixing June 25, 1998 for holding enquiry under the aforesaid provision of the Code.

(2.) As indicated earlier the aforesaid matrimonial suit was filed by the husband/opposite party on the ground inter alia under section 13(i) (iii) of the Act. After the interim alimony proceeding was over, the husband/opposite party filed an application under Order 32 Rule 15 of the Code for holding an enquiry as to whether the petitioner herein was capable of protecting her interest in the suit.

(3.) The aforesaid application was contested by the present petitioner by filing written objection thereby denying the allegation made by the opposite party.