RAJINDER MALIK Vs. KAVITA

JUDGEMENT

(1.) THE present appeal is filed by the husband (hereafter referred to appellant) impugning an order dated 03.06.2004 passed by the Trial Court allowing the review petition of the wife under order 47 rule 1 of CPC (hereafter referred to as the respondent). The facts essential to decide this present appeal are:

(2.) THE Respondent filed an application for review of the order -dated 19.01.2004 on the grounds that the marriage between the parties was an arranged one and from the day one she was treated with cruelty, and harassed for dowry. The respondent, in her application, alleged that the Appellant had contacts with senior police officials in the city and frequently threatened her, that in case his demands were not met with, then, arms and weapons would be placed at her parental home, her parents and brothers would be falsely implicated under the POTA and sent to jail.

(3.) THE Respondent further alleged that under threat she was compelled to depose falsely before the court and thus the Appellant succeeded in getting the divorce. The Respondent further alleges that she and the appellant had not lived separately for one year prior to filing the petition for divorce by mutual consent, an essential condition. The respondent during pendency of the review petition also filed an application Under Section 340 Cr. P.C.