Back
SUBODH ABHYANKAR
Vikas Gupta – Appellant
Versus
Sheetal – Respondent
ORDER
1. None for the respondent despite service of notice. On 11.9.2023 also no one appeared on behalf of the respondents despite service of notice.
2. The matter is heard finally.
3. This miscellaneous petition has been filed under Article 227 of the Constitution of India against the order dated 9.3.2022 passed by the First District Judge, Sendhwa District Barwani in RCSHM.No.9/2018; whereby, the application filed by the respondent/wife dated 15.12.2021(Annexure P-4) for stay of suit, has been allowed partially, and it is directed that till the respondent/wife's petition filed under section 9 of the Hindu Marriage Act (hereinafter to be referred to “Act of 1955”) for restitution of conjugal rights pending before the Civil Court Senior Division, Nasik, Maharashtra is decided, the further proceedings of the present case filed by the petitioner under section 13(1) (ia) (ib) of the Act of 1955, shall remain stayed.
4. In brief facts of the case are that the marriage of the petitioner/husband and respondent/wife was solemnised on 23.11.2008, however due to matrimonial discord an application for divorce was filed by the petitioner on 21.3.2018 (Annexure P/1) in which written statement has
A party can file a fresh divorce petition under Section 13(1A)(ii) of the Hindu Marriage Act if the decree for restitution of conjugal rights is not enforced.
In matrimonial matters, the convenience of the wife is paramount, and petitions should be consolidated to prevent conflicting judgments.
The court has the power to set aside orders and invoke Article 142 of the Constitution of India to ensure fair trials and protect the rights of the parties involved.
Petitioner's request to postpone trial denied; precedence of divorce claims established in determining related petitions.
The statutory provision allows for divorce if no restitution of conjugal rights occurs for over a year post-decree, validating the grounds for divorce.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
