RACHNA JAIN Vs. NEERAJ JAIN

JUDGEMENT

(1.) Rule. Since the respondent did not appear after service and publication, the matter has already been proceeded ex parte against the respondent.

(2.) This petition under Article 227 of the Constitution of India challenges the order dated 31.3.2004 passed by Additional District Judge who declined to modify and rectify the order dated 1.10.2003 and for passing decree of divorce under Section 13-B (2) of the Hindu Marriage Act, 1955 (hereinafter referred to as'Act').

(3.) In a troubled marriage there were pending criminal matters and divorce proceedings. Eventually divorce by mutual consent and settlement of all criminal and civil disputes was agreed to by both the spouses resulting inter alia in the wife withdrawing her criminal complaints and dropping all claims towards maintenance for herself and her daughter. The husband enjoyed all the benefits of the settlement and then remarried and has a child from the second marriage and yet withdrew his consent for divorce by mutual consent leading to the situation where by the impugned judgment the learned Additional District Judge has declined to grant divorce to the petitioner/wife by permitting the unilateral withdrawal of mutual consent by the respondent/ husband leading to the present petition under Article 227 of the Constitution.