HIMANSHU CHADHA Vs. SANGEETA

JUDGEMENT

(1.) THE appellant filed a petition for divorce which has been dismissed as a result of finding on preliminary issues of the petition being barred under Order 2 Rule 2.

(2.) MARRIAGE between the parties took place on 28.4.1999 and before filing divorce petition in question on 14.12.2000 giving rise to present appeal, a petition was earlier filed on 21.10.1999 within one year of marriage which was withdrawn on 15.1.2001. The respondent raised an objection that present petition will be barred under Order 2 Rule 2 on account of earlier petition having been dismissed as withdrawn without permission to file a fresh petition.

(3.) LEARNED counsel for the respondent supported the finding of the trial court and submitted that earlier petition though accompanied by an application under Section 14 was in fact a divorce petition and for filing a fresh petition, permission of the court was required and if earlier petition was withdrawn without permission of the court, there could not be any implied permission. Reliance is placed on judgments reported in Janak Raj v. Smt. Nirmla Devi, 2001(3) PLR 494 and Jagtar Singh v. Smt. Hardip Kaur, 1996 Current Law Journal 825.