1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3642 OF 2009 Nisha Nitin Jadhav .. Petitioner. Vs. Nitin Bajrang Jadhav .. Respondent. Ms.Chitra Phadke for the petitioner. Coram: D.B. BHOSALE, J. Dated : 27TH AUGUST, 2009 P.C. . Heard learned counsel for the petitioner. 2. This petition takes exception to the order dated 24.9.2009 passed by the Family Court, rejecting the application - Exhibit-11 filed by the petitioner-wife. She had filed this application for framing a preliminary issue as to maintainability of the M.J.Petition filed by the respondent-husband stating that earlier petition for divorce was withdrawn by him without seeking liberty to file fresh petition, and that the petition is barred by the principle of resjudicata. Ms.Phadke, learned counsel for the petitioner did not press the ground of resjudicata. She submitted that earlier petition for divorce filed on the ground of cruelty was withdrawn in August 1997 and no leave was sought by the respondent-husband to file fresh petition and hence this petition deserves to be dismissed on that 2 ground. 3. I have perused the material placed before me. It appears that after withdrawal of the earlier petition in August 1997, the respondent-husband filed the fresh petition No.A-1017 of 2007 for divorce on the ground of desertion and cruelty in 2007. I have perused the subsequent petition and it is clear that this petition for divorce is based on subsequent events alleging cruelty and desertion. Admittedly, the husband and the wife are not residing together since last more than ten years. In view thereof and for the reasons recorded in the impugned order I find no merit in the writ petition. The writ petition fails and dismissed as such. (D. B. Bhosale, J.)