LATA BAI SAHU Vs. LALIT KUMAR SAHU

JUDGEMENT

(1.) This appeal is against the judgment and decree dtd. 9/2/2022 passed under Sec. 13 (B) of the Hindu Marriage Act by learned Family Court.

(2.) The appellant submits that the judgment and decree is outcome of fraud and decree of like nature cannot be passed. Placing his reliance upon the decision rendered by the Supreme Court in the case of Sanjeeta Das Vs. Tapan Kumar Mohanty reported in (2010) 10 SCC 222, he submits that the appellant/ wife was under impression that decree would be passed after 6 months of cooling off period and Rs.5,00,000.00 which was paid in cash was for maintenance towards child. He submits that the appellant/ wife cannot read but only can sign and this fact has been taken advantage of by the respondent/ husband. He further submits that review application was also filed and the same was dismissed by order dtd. 8/9/2022 after evidence, therefore, the decree passed under Sec. 13 (B) of the Hindu Marriage Act be annulled.

(3.) Learned counsel for the respondent opposes the argument and submits that the dispute inter se is between the appellant and the advocate who was representing her before the Court below and on part of the respondent he has paid the entire amount of Rs.5,50,000.00 and no compliance is required to be done. He further submits that consent having been given the decree of divorce was passed which do not require any interference and the subject matter is entirely separate.