Bindu W/O. Dhananjay Tirpude vs Dhananjay Pundlik Tirpude And ...
2023 Latest Caselaw 4518 Bom

                                                           1                                  57.WP.1527-2023.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                            WRIT PETITION NO. 1527 OF 2023
                              ( Bindu W/o Dhananjay Tirpude
                                           Vs.
                             Dhananjay Pundlik Tirpude & Anr. )

Office Notes, Office Memoranda                           Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Mr. M.P. Kariya, Advocate for the Petitioner.



                                  CORAM:         AVINASH G. GHAROTE, J.

DATED : 2nd MAY, 2023

Heard Mr. Kariya, learned counsel for the petitioner.

2. It is contended, that in the earlier petition under Section 13 of the Hindu Marriage Act namely H.M.P. No. 48/2002 which was on the same ground, the petition came to be dismissed by the judgment dated 15.10.2009. A similar petition on the same ground, has again been filed, in which an application for dismissal of the petition was filed, which has been rejected by the impugned order dated 07.02.2023 (page 62), on the ground, that the new fact has been pleaded (para 11 page 61). It is contended, that the plea of the petitioner, having married with the respondent No.2 or living in adultery with him was already in existence in H.M.P. No. 48/2002 (para 25 page 24), considering which, the learned Court below could not have rejected the

2 57.WP.1527-2023.odt

application on this ground.

3. Issue notice for final disposal to the respondents, returnable on 14.06.2023.

4. The petitioner to serve the respondents by all modes permissible in law.

5. Till the returnable date, the further proceedings in Petition No. A-251/2022 before the Family Court No.3, Nagpur, shall stand stayed.

JUDGE SD. Bhimte