ARTI BHARTIA NEE BHAGAT Vs. PIYUSH BHARTIA

JUDGEMENT

(1.) This revisional application under section 115 of the Code of Civil Procedure ('Code") is at the instance of a wife and is directed against Order No. 74 dated September 16, 1998 passed by the learned Additional District Judge, 10th Court, Alipore in Miscellaneous Case No. 21 of 1997 thereby rejecting an application under section 10(2) of the Hindu Marriage Act, 1955 ("Act").

(2.) Previously the petitioner filed a suit being Matrimonial Suit No. 4 of the 1996 under section 10(1) of the Act claiming judicial separation. The said suit was decreed in favour of the petitioner on July 3, 1996.

(3.) On or about April 1, 1998 the petitioner filed the aforesaid application under section 10(2) of the praying for rescinding the decree for judicial separation passed earlier in her favour on the grounds stated therein. The said application gave rise to the aforementioned Miscellaneous Case No. 21 of 1997.