POOJA Vs. VIJAY CHAITANYA

JUDGEMENT

(1.) The wife has preferred this appeal under Section 28 of the Hindu Marriage Act, 1955 read with Section 19 of the Family Courts Act, 1984 against the decree for dissolution of marriage passed under Section 13-B of the Hindu Marriage Act, 1955 with the consent of the parties vide order dated 1 2018 passed by the Family Court, Agra.

(2.) The argument of Sri Anjani Kumar Dubey, learned counsel for the appellant-wife is that the aforesaid decree has been obtained by fraud by getting the signatures of the appellant-wife on the petition by coercion. The wife was confined in the house of the husband and thus taking undue advantage of such confinement her signatures were obtained to get the divorce. The Family Court could not have passed the decree of divorce under Section 13-B of the Hindu Marriage Act, 1955 without the second motion and that too before expiry of six months from the first motion.

(3.) The law is well settled that a decree passed by consent cannot be challenged by way of appeal.