VEEPUL LAKHANPAL Vs. SMT. POOJA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India at the instance of the husband takes exception to the order passed by learned Additional District Judge-1, Solan on 14.1.2016 whereby his application under Section 10 read with Section 151 of the Code of Civil Procedure (for short the 'Code') for staying the proceedings has come to be dismissed.

(2.) The facts giving rise to the present petition may be noticed. The proceedings pending before the learned trial Court (Additional District Judge-1, Solan) have been instituted by the respondent under Section 12 of the Hindu Marriage Act (for short 'Act') wherein the petitioner moved application under Section 10 of CPC on the ground that earlier petition instituted by the petitioner under Section 13 of the Act was already pending adjudication before the learned District Judge, Shimla. The respondent had not only put in appearance, but had also raised similar plea regarding impotency of the petitioner and had further raised certain other contentions, which were similar to the one set out in the present petition.

(3.) It was further averred that the relief sought by the respondent in the impugned proceedings pending before the Court at Solan had already been sought by her in the proceedings under Section 13 of the Act pending before the learned District Judge, Shimla. Therefore, she could not be allowed to set up same ground in two different proceedings pending before the two Courts of competent jurisdiction on the same cause of action. It was further averred that the findings in one petition would operate as res-judicata in another proceeding and in case both the proceedings are allowed to continue, then there is every likelihood of contradictory findings, being recorded by the two Courts on the same matter.