ABHA FARTYAL Vs. SATISH SINGH FARTYAL

JUDGEMENT

(1.) Its a very peculiar case, where the Court has to rise above board on certain occasion to take an appropriate action against those litigants, who approached the Court not with clean hands and initiate cumulative proceedings by distorting facts. A very peculiar situation which has arisen in this case as against the grant of decree of divorce under Section 13 of the Hindu Marriage Act, 1955 by the learned trial Court in a Civil Suit No. 19 of 2016, Satish Singh Fartyal v. Abha Fartyal, which was decreed on 10.04.2017, consequent to which the marriage between the appellant and respondent dated 26.04.2013 was dissolved, the appellant herein has filed a regular Appeal being Civil Appeal No. 3 of 2017, Smt. Abha Fartyal v. Satish Singh Fartyal, before the Court of District Judge, Champawat as against the judgement and decree dated 10.04.2017. The said appeal was decided by the Court of District Judge, Champawat on 02.11.2017 with its consequential dismissal, thereby affirming the decree of divorce dated 10.04.2017 as rendered in Civil Suit No. 19 of 2016, Satish Singh Fartyal v. Abha Fartyal.

(2.) Consequent to decree of divorce dated 10.04.2017 and its subsequent affirmation by the First Appellate Court vide its judgement dated 02.11.2017, the plaintiff/respondent-husband had married with Renu on 27.01.2019. The said marriage was registered on 15.04.2019 before the Registrar Compulsory Registration of marriage. Before elucidating the facts, which has resulted into taking a stringent view by this Court with regards to the manner in which the learned counsel for the appellant has proceeded to file the present Second Appeal by concealment of material fact, which will definitely tantamount to be an abuse of process of law Courts. Before venturing further, the precise details as the manner in which the appellant has proceeded with the matter is required to be considered the details of the same are as under:-

(3.) Concealing the aforesaid facts about the decision rendered in the Civil Appeal No. 3 of 2017, Smt. Abha Fartyal v. Satish Singh Fartyal on 02.11.2017 by the District Judge, Champawat, the appellant herein, through her counsel Mr. Suresh Chandra Bhatt filed a First Appeal being FA No. 10 of 2019, Smt. Abha Fartyal v. Satish Singh Fartyal on 09.01.2019, without disclosing the fact that the Civil Appeal, which the appellant had preferred before the Court of District Judge, Champawat being FA No. 3 of 2017, Abha Fartyal v. Satish Singh Fartyal already stood dismissed on 02.11.2017. Later on, what is reflected from the records of the First Appeal No. 10 of 2019, which was summoned from the section before this Court is that the First Appeal, which was preferred by the appellant herein was on 09.01.2019, questioning the judgement and decree dated 10.04.2017, after about more than one year 9 months i.e. approximately 639 days, later on, when she got it withdrawn on 10.01.2019.