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1995 Supreme(Del) 390

D.P.WADHWA
VINA KALIA – Appellant
Versus
JATINDER NATH KALIA – Respondent


Advocates Appeared:
Manmohan

Mr. D. P. Wadhwa, J

( 1 ) THESE appeals are by the appellant-wife against the order dated 23 November, 1985 of the Additional District Judge, Delhi, whereby her two petition, one for divorce under the Hindu Marriage Act, 1955 (for short the Act ) and the other for maintenance pendente lite filed against the first respondent- husband were dismissed as not maintainable. This was on the ground that the petitioner had accepted the judgment of the Foreign Court dissolving the marriage between her and the first respondent on a petition filed by him. The learned Judge held that the present petition was barred by principles of res-judicata or in any case it was a mala fide attempt on the part of the petitioner to harass the respondent- husband and that it was nothing but a misuse of the process of the Court.

( 2 ) THE petitioner filed a petition for divorce against the first respondent- husband under the provisions of Section 13 (1) (i), (i-a) and (i-b) of the Act seeking divorce on the grounds of adultery, cruelty and desertion. The first respondent- husband was allegedly living with the second respondent in adultery with whom, he said, he had married after his divorce from the petitioner.



























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