IN THE HIGH COURT OF BOMBAY
T.K. Chandrashekhara Das Dr. Pratibha Upasani, JJ.
Reeta Bharat Arora (Smt.) others.... Appellants.
Versus
Bharat Yasodanandan Arora @ Dhingra others.... Respondents.
And
Lajrani Yashodanandan Dhingra .... Applicant.
Advocates appeared :
Anand Grover with Prakash Mahadik i/b M/s. Haresh Mehta Co., for appellant in LPA No. 86/94, LPA No. 87/94, CA Nos. 5565/97, 5140/98 4277/2000 and FCA No. 3/2001 and, for respondent No. 1 in FCA No. 16/2000 FCA No. 15/2000, and for respondent No. 2 in Contempt Appeal No. 2/99.
S.G. Deshpande, for appellant in FCA No. 16/2000 Contempt Appeal No. 2/99, and for respondent No. 1 in LPA No. 86/94, LPA No. 87/94, CA Nos. 5565/97, 5140/98 4277/2000 FCA No. 3/2001 and for respondent No. 2 in FCA No. 15/2000.
M.D. Angal, for appellant in FCA No. 15/2000 and for respondent No. 2 in LPA No. 86/94, LPA No. 87/94, CA Nos. 5565/97 5140/98, FCA No. 16/2000 and FCA No. 3/2000.
Sections 13 and 15- Ex parte decree of divorce- Where ex parte decree of divorce passed against wife, the husband giving undertaking for not remarrying for 30 days from the date of decree and the husband marriage after 54 days of the said order, held the subsequent marriage was rightly held to be valid.
HINDU MARRIAGE ACT, 1955
Sections 13 and 15- Ex parte decree of divorce- Where ex parte decree of divorce passed against wife, the husband giving undertaking for not remarrying for 30 days from the date of decree and the husband marriage after 54 days of the said order, held the subsequent marriage was rightly held to be valid.
2. On or about 26th January, 1981 Bharat Arora married one Indu Kappor at Delhi. Indu and her parents were hailing 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 namely, Sunny was born to Indu from the said wedlock. Unfortunately, disputes had already started between Bharat and Indu. Earlier also she had left for her parents place, but there was some sort of compromise between husband and wife. Thereafter, when she went to Indore in the year 1981, prior to Sunny's birth in 1982, she did not come back. Bharat then filed M.J. Petition No. 56 of 1984 in the Bombay City Civil Court for divorce on the ground of cruelty and desertion. In the said petition, Bharat had made several allegations against Indu and had even expressed doubt about paternity of the son. Indu was contesting this matrimonial petition, refuting the allegations, and written statement also was filed by her. Hearing of the matter was adjourned from time to time. During all these years, by and large, Indu used to reside with her parents at Indore. During the pendency of the above referred petition, sometime in the year 1988, Bharat developed illicit relationship with one Reeta Dhawan nee Reeta Sunil Grover. Incidently, Reeta's divorce proceedings with her husband Sunil Grover also were pending in the City Civil Court till November, 1987 and decree of divorce was granted by City Civil Court in Sunil Grover's favour, dissolving his marriage with Reeta only on 30th November, 1987. On 28th May, 1989, a daughter by name Shikha was born to Reeta from the illicit relationship with Bharat. The relationship continued, though Reeta very much knew that Bharat was a married person, and his marriage with Indu was subsisting. The stalemate in respect of marriage of Bharat with Indu continued. But on 12th September, 1989, City Civil Court Judge (Ms. R.S. Dalvi) passed ex parte decree of divorce in M.J. Petition No. 56 of 1984, after recording evidence of Bharat, in brief, when the matter was in fact appearing on the Board under the caption of "Framing of Issues". Neither Indu, nor her Advocate was present at the hearing of this petition on 12th September, 1989. No issues were framed, nor was any finding given in respect of the alleged matrimonial offence of desertion and cruelty, but the Judge recorded undertaking of the petitioner Bharat to the effect that "the petitioner shall not remarry for a period of thirty days from the date of the said decree". Thus, the undertaking was restricted to a period of only thirty days. On 5th November, 1989, Bharat
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