Alok Kumar Basu, J. - (1.) This application under Section 115 of the Code of Civil Procedure is at the instance of husband opposite party of Matrimonial Suit No. 126 of 2001 pending in the file of Learned Additional District Judge, Barasat challenging Order No. 17 dated 28th May, 2002 passed in connection with that Matrimonial Suit.
(2.) Wife opposite party of the present application filed Matrimonial Suit No. 126 of 2001 on 21st September, 2000 with a prayer for restitution of conjugal right under Section 9 of the Hindu Marriage Act against the present petitioner. The present petitioner since his appearance in the said Matrimonial Suit filed an application before the Trial Court contending inter alia that he has already obtained a decree of divorce from the Worcester County Court, England against the wife and hence, in view of a decree of divorce granted by a competent Court, the Matrimonial Suit in the District Court of Barasat cannot proceed and the same should be dismissed.
(3.) The wife opposite party of the present petition resisted the said application of the husband by filing written objection contending inter alia that the County Court lacked jurisdiction in passing the decree of divorce, the decree of divorce was not passed on merit and finally, the grounds on which the decree of divorce was passed is opposed, to the provisions of Hindu Marriage Act and hence, the wife prayed for dismissal of the petition.;