RAMDHANI Vs. GOPAL

JUDGEMENT

(1.) The present appeal has been filed by the appellant original-defendant under Section 28 of the Hindu Marriage Act(hereinafter referred to as the said Act), challenging the order dated 27.4.2005 passed by the District Judge, Tonk,(hereinafter referred to as the lower court) in Divorce Petition no. 25/02, whereby the lower court has allowed the application of the respondent original-applicant seeking divorce under Section 13 of the said Act.

(2.) It has been submitted by learned counsel for the appellant that the respondent husband had already re-married during the pendency of the petition before the lower court, for which criminal proceedings were filed by the appellant and the concerned Cr. Court has also taken cognizance of offence under Section 494 of IPC, however, the said order could not be produced before the trial court as the appellant was not aware of the same. He also submitted that the appellant is ready and willing to stay with the respondent-husband. No body appears for the respondent though duly served.

(3.) Having regard to the facts and circumstances of the case, it transpires that the appellant had filed the petition under Section 13 of the said Act seeking divorce from the appellant on the ground of desertion and cruelty. The said petition has been allowed by the lower court vide the impugned order dated 27.4.2005. It is pertinent to note that since the passing of the said order till this date, there was no stay order passed by this Court and the said order has remained in force as on today. It is also pertinent to note that even during the pendency of divorce petition, the respondent applicant had already re-married for which the appellant had initiated criminal proceedings, which are also pending. Under the circumstances no useful purpose would be served in keeping the present appeal pending, which even otherwise has no substance. In that view of the matter, the appeal deserves to be dismissed and is accordingly dismissed. Appeal Dismissed.