2594/2022.
9. On 25-09-2020 petitioner filed divorce case against his wife
-respondent No.2 herein. Copy of the said divorce petition ... without any
intimation
25/09/2020 Petitioner - major Amit Pathak filed divorce case
against Mrs. Pooja Pathak Sharma in Etawah, Uttar
Pradesh
facts and circumstances
of the case. That was a case where the parties had obtained a
decree of divorce with mutual consent. On facts ... filing of a complaint case by the complainant. The O.P. had
filed a case for decree of divorce in the year
2594/2022.
9. On 25-09-2020 petitioner filed divorce case against his wife
-respondent No.2 herein. Copy of the said divorce petition ... without any
intimation
25/09/2020 Petitioner - major Amit Pathak filed divorce case
against Mrs. Pooja Pathak Sharma in Etawah, Uttar
Pradesh
2594/2022.
9. On 25-09-2020 petitioner filed divorce case against his wife
-respondent No.2 herein. Copy of the said divorce petition ... without any
intimation
25/09/2020 Petitioner - major Amit Pathak filed divorce case
against Mrs. Pooja Pathak Sharma in Etawah, Uttar
Pradesh
2594/2022.
9. On 25-09-2020 petitioner filed divorce case against his wife
-respondent No.2 herein. Copy of the said divorce petition ... without any
intimation
25/09/2020 Petitioner - major Amit Pathak filed divorce case
against Mrs. Pooja Pathak Sharma in Etawah, Uttar
Pradesh
only because on 07.10.2020, she received the
notice of the divorce case that was filed by the petitioner No.4 in the
month of February ... respondent No.2 that
too after knowing about the fact that divorce case has been filed by the
petitioner No.4 (husband) and as such
submits that a Divorce Case was filed on mutual consent
bearing M.M. Case No. 176 of 2017 on the ground that the
opposite party ... mutuality and
consent for divorce. Mutual consent to the
divorce is a sine qua non for passing a decree
for divorce under Section
judicata clearly applies to the case at hand since the appellant had filed the first matrimonial case for divorce on the ground of desertion ... raised in the second matrimonial case were directly and substantially in issue in the earlier case, therefore, the subsequent case is barred by the principle
Matrimonial (Divorce) Case No. 04 of
2018 whereby and whereunder the matrimonial case filed by the
appellant for grant of decree of divorce has been ... process exhausted by the
concerned court, respondent did not appear and divorce case
was decided ex parte.
4. This court has issued all the necessary
decree of divorce has been granted ex-parte and
the appellant was not having any knowledge of filing of divorce case. No steps
were taken ... learned Trial Court has failed to conduct the proceedings of divorce
case in accordance with law. The learned Trial Court has not considered the
factum
