CHANDER KANTA Vs. NARINDER SINGH

JUDGEMENT

(1.) Counsel for the parties inform that despite the fact that proceedings in the Court of the Additional District Judge had been stayed by this Court on June 7, 1991, the matter has been finally disposed of by the Additional District Judge on 3.10.1991, whereby the respondent has been granted an ex parte decree for divorce under Section 13 of the Hindu Marriage Act.

(2.) It would appear that the Additional District Judge perhaps passed this decree not knowing that the proceedings in this case had been stayed by the order of this Court. Be that as it may, once the proceedings are directed to be stayed any proceeding taken thereafter cannot but be treated as a nullity. Accordingly, the decree passed is held to be a nullity.

(3.) As regards the prayer for the transfer of the case from Ropar to Karnal, it would be pertinent to note that in the first instance proceedings were initiated against the husband by the wife at Karnal under Section 125 of the Code of Criminal Procedure sometimes in November, 1988. In these proceedings as interim maintenance was awarded against the husband for the two minor children in March, 1991. It was thereafter that the husband filed the present petition for divorce before the Additional District Judge, Ropar.