IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.3884-3886 OF 2013
[Arising out of Special Leave Petition (Civil) Nos.
33744-33746 of 2012]
ARVIND KUMAR SHARMA …APPELLANT
VINEETA SHARMA & ANR. …RESPONDENTS
The original prayer made by the respondent
No.1 before the Principal Judge, Family Court,
Dehradun was that the proceedings in Original Suit
No. 74 of 2009 and Original Suit No.263 of 2009
should be consolidated and tried together. This
prayer was rejected by the Family Court by its
judgment and order dated 27th January, 2012.
Consequently, respondent No.1 filed appeal before
the High Court. The High Court noticed the fact
that the appellant – husband has filed two suits.
In one suit, he is seeking divorce from the wife.
In the other suit, he is seeking permanent
injunction as well as temporary injunction,
restraining the wife from entering the matrimonial
home of the couple. It is also noticed by the High
Court that in the second suit, ex parte ad interim
order of injunction had been granted in favour of
the husband. The aforesaid suit is still pending.
Instead of deciding the issue on merits, the High
Court admitted the appeal and stayed the operation
of the ex parte ad interim order of injunction as
well as hearing of both the suits until the appeal
is heard and decided.
In our opinion, the aforesaid order cannot be
sustained. The High Court has granted a relief
which was not even prayed for by the respondent,
who was the appellant before the High Court. At
best, the High Court could have directed that both
the suits filed by the husband shall be
consolidated and tried together.
Mr. Dhruv Mehta, learned Senior Advocate
appearing for the appellant, submits that the
relations between husband and wife have
deteriorated to such an extent that it would not be
possible for the appellant to spend any time with
the respondent – wife. Therefore, it would not be
appropriate to order that wife be permitted entry
into the matrimonial home.
We are of the considered opinion that it would
not be appropriate for the High Court or for this
Court to make any observations on the merits of the
controversy involved between the parties as the
same shall have to be decided by the appropriate
Court where the proceedings are pending. We,
therefore, set aside the order passed by the High
Court. We allow the appeal filed by the respondent
before the High Court. Both the suits filed by the
husband are consolidated and shall be tried
together as prayed for by the respondent wife. We
also direct the Court which is designated to decide
the aforesaid two matters to decide the same as
expeditiously as possible.
The appeals are disposed of in the above
terms. No costs.
(SURINDER SINGH NIJJAR)
(PINAKI CHANDRA GHOSE)
APRIL 15, 2013