ABHISHEK SHARMA Vs. APARNA TOMAR

JUDGEMENT

(1.) The present first appeal u/S 19(4) of the Family Courts Act has been filed assailing the order dtd. 8/4/2024 passed by Additional Judge to the Court of Principal Judge, Family Court, Gwalior in Case No.378-A/2022 (HM Act), whereby the application filed by appellant under Order 7 Rule 11 r/w Sec. 151 of CPC has been rejected.

(2.) Briefly stated facts are that respondent on 19/8/2020 had filed an application under Sec. 12 of the HM Act for declaration of marriage as null and void on the ground that the appellant has fraudulently married to her. The Family Court framed issues and the case filed under Sec. 12 of HM Act was listed for recording of evidence of respondent on 5/2/2022, but respondent did not present on the same date and thereafter, case was listed on 26/4/2022. On that date, respondent appeared before the Family Court along with her counsel and filed an application to withdraw the suit as she does not want to pursue the suit, therefore, on 4/5/2022, respondent expressed that she does not want to pursue the case, hence, sought withdrawal of the same without any liberty in National Lok Adalat.

(3.) Thereafter, on 29/3/2022 respondent filed an application under Sec. 13 of the HM Act seeking a decree of divorce on the ground of ''cruelty and desertion'' and for dissolution of marriage including the fact that appellant deceived her and fraudulently got married on 8/11/2019 without her free consent at Mool Shankar, Arya Samaj Vedic Sanstha, Pawansut Colony, Hurawali, Morar, Gwalior. During pendency of divorce application, on 08-02- 2024, appellant after service of notice appeared before the Family Court and filed an application under Order 7 Rule 11 read with Sec. 151 of CPC. Respondent filed her reply to such application. After hearing learned Counsel for the parties, the application was rejected by the Family Court vide impugned order. Hence, this appeal.