SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1993 Supreme(P&H) 256

V.K.JHANJI
Kumud Wadhwa – Appellant
Versus
M. K. Wadhwa – Respondent


Judgment

V.K.Jhanji, J.

1. Parties to this petition got married on 10.10.1990 at New Delhi. In the year 1991, petitioner filed petition under Section 10 read with Section 13(1)(a) of Hindu Marriage Act (hereinafter referred to as the Act) in the Matrimonial Court at Delhi, seeking relief of divorce and in the alternative relief of judicial separation. Subsequently, the husband also filed a petition under Section 13 of the Act in the Court of Additional District Judge, Faridabad, seeking relief of divorce on the ground of cruelty. The petitioner, for getting the proceedings stayed at Faridabad, made an application under Section 10 of Civil Procedure Code. This prayer of the petitioner on contest, was declined on the ground that the proceedings under the Act cannot be termed as suit(s) as contemplated under Section 10 of Civil Procedure Code. This order is being impugned here in this Civil revision by the wife.

2. After hearing the learned Counsel for the parties, I am of the view that this Civil revision deserves to succeed.

3. Without going into the question as to whether the proceedings under the Act can be termed as suit(s) or not, proceedings in different Courts normally should n

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top