SULOCHANA MOHAPATRA Vs. PRAVAT KUMAR MOHAPATRA

JUDGEMENT

(1.) THE present appellant, Sulochana Mohapatra, filed a petition under Section 7 of the Family Courts Act before the Family Court, Cuttack, being Civil Proceeding No. 403 of 1995 for setting aside a decree of divorce passed by the Family Court on November 18, 1995 under Section 13 -B of the Hindu Marriage Act in Civil Proceeding No. 348 of 1995. The present appellant in her petition has alleged that her consent was obtained by practising fraud, misrepresentation and under influence.

(2.) THE case of the appellant -wife, inter alia, is : She was married to respondent -husband, Prabhat Kumar Mohapatra, on June 11, 1993. On February 27, 1995 a daughter was born out of the wedlock. Since the date of marriage there was constant demand for valuable articles as dowry. As the wife's family could not meet the demand, there was constant ill -treatment and abuse. As the ill -treatment became unbearable, the wife requested the husband to arrange any type of service for her so that she could earn herself and purchase a T.V. set out of her income. On October 13, 1995, the husband took her to Kendrapara and asked her to put signature on some typed papers stating that those were applications for a job. Relying on the husband's statement, she in good faith put her signature without going through the contents thereof. It subsequently transpired that the said papers were application for passing a decree of divorce on consent. The purported joint petition was filed in the Family Court, Cuttack, on November 18, 1995 and on the same date a decree for divorce was passed by the Family Court in total disregard of the mandatory requirement of Section 13 -B of the Hindu Marriage Act.

(3.) I agree.