GAYTRI BAJAJ Vs. JITEN BHALLA

JUDGEMENT

(1.) The petitioner-wife and the respondent-husband were married on 10.12.1992 and two daughters were born out of the said wedlock. The elder daughter was born on 20.08.1995 and the younger daughter on 19.04.2000. It is the grievance of the petitioner-wife that the Additional District Judge by order dated 03.06.2003 passed a decree of divorce within eight days from the presentation of the first and second Motions under Section 13-B(1) of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act"). The petitioner-wife has filed a suit for declaration on 01.02.2006 seeking a declaratory decree that the respondent has obtained a decree by fraud.

(2.) On 10.10.2007, the respondent-husband filed an appeal under Section 28 of the Act in the High Court of Delhi at New Delhi. The petitioner-wife filed cross-objections to the said appeal on 07.11.2007. The learned single Judge of the High Court, by order dated 08.09.2008, allowed the appeal filed by the respondent-husband without deciding and adjudicating on the cross-objections filed by the petitioner-wife. Being aggrieved by the order of the learned single Judge, the respondent-wife filed a review petition on 13.10.2008. The said review petition was also dismissed on 10.07.2009 by the learned single Judge of the High Court. Both the said orders were impugned in the present special leave petitions.

(3.) By order dated 14.12.2009, this Court issued notice to the respondent-husband.