JUDGMENT - D.R. DHANUKA, J.:-This is an unfortunate litigation involving marital status of two educated women i.e. Smt. Indu Bharat Arora (known as Indu Kapoor prior to her marriage) and Smt. Reeta B. Arora (known as Reeta Dhawan prior to her marriage) both of whom were married to one Bharat Yashodanandan Arora at one time or another. An ex-parte decree of divorce was passed by the Court purporting to dissolve the marriage of Bharat Yashodanandan Arora. Soon thereafter Bharat married one Reeta. The ex-parte decree for divorce was set aside. The marriage of Bharat with Reeta is alleged to be in contravention of section 15 of Hindu Marriage Act, 1955.

2. After setting aside of ex-parte decree of divorce, Bharat and Indu have reconciled and are residing together as husband and wife and are not interested in divorce. Reeta is interested in upholding of ex-parte decree of divorce purporting to dissolve marriage of Bharat with Indu though Bharat is no more interested in pursuing of litigation pertaining to dissolution of his marriage with Indu initiated earlier.

3. For sake of brevity, Bharat Yashodanandan Arora is hereinafter referred to as Bharat, Indu Bharat Arora is referred as Indu and Reeta Bharat Arora (formerly known by surname Dhawan) is referred to as Reeta. All the three proceedings are being decided by this common judgment for sake of convenience although each proceeding is being examined separately and independently.

4. The relevant facts are required to be set in detail.

5. On or about 26th January, 1981, Bharat Arora married one Indu Kapoor as she was then known. Indu and her parents hail from Indore. Bharat and Indu resided together and cohabited as husband and wife at Bombay. On or about 17th August, 1981 Indu left for Indore. On 25th February, 1982, a son was born from the said wed-lock known as "Sunny". Unfortunately, disputes started between Bharat and Indu atleast from the year 1984 or nearabout. Sometime in the year 1984, Bharat filed Matrimonial Petition No. 56 of 1984 against Indu seeking a decree of divorce on the ground of alleged desertion and alleged cruelty. In the petition, the petitioner Bharat made several allegations against Indu. Indu filed her written statement in the said suit seriously controverting each of the allegations made in the petition. The hearing of the petition was adjourned form time to time. During all these years, by and large Indu used to reside with her parents at Indore. There was temporary reconciliation between Bharat and Indu and both of them resided together at their matrimonial home at Bombay sometime in the year 1986 or near about for some time i.e. during the pendency of the above referred petition. Sometime in the year, 1988, Bharat developed illegitimate relationship with one Reeta Dhawan as she was then known. On 28th May, 1989 a daughter by name Shekha was born to Reeta from such relationship. The relationship continued. Reeta knew that Bharat was a married person. The stalemate in respect of the marriage of Bharat with Indu continued. On 12th September, 1989, the Bombay City Civil Court at Bombay passed an ex parte decree of divorce in M.J. Petition No. 56 of 1984 after recording the evidence of Bharat in brief. At the hearing of the petition on 12th September, 1989, before the City Civil Court neither Indu was present nor her advocate. The learned trial Judge made the petition absolute in terms of prayer (a) of the petition without recording any findings in respect of alleged matrimonial offence of desertion or curelty and recorded undertaking of the petitioner Bharat to the effect that the petitioner shall not re-marry for a period of 30 days from the date of the said decree. The said undertaking was restricted to period of thirty days under misappreciation of Law. Section 15 of Hindu Marriage Act obligates parties not to marry till the Appeal period is over which would include period spent on obtaining of certified copy of decree. During the pendency of the Matrimoni

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