NISHA Vs. MAHAN

JUDGEMENT

(1.) Petitioner-wife has invoked supervisory jurisdiction of this Court under Article 227 of the Constitution of India assailing the order dated 24.8.2010 passed by Addl. District Judge, Rohtak thereby rejecting the application moved by the wife for recalling the divorce decree dated 10.10.2006.

(2.) The brief facts inter alia are that marriage between the parties was solemnized on 15.1.2001 as per hindu rites and ceremonies. Both the parties started living together and child namely Nancy was born out of this wedlock on 1.10.2002. Both the parties have filed joint petition under Section 13(B) of Hindu Marriage Act before the Court below on 23.3.2006. Both the parties have signed the petition under Section 13B of the Act. After expiry of statuary period of 6 months statements on oath of both the parties were recorded by the Court below on 25.5.2006. Both the parties have stated on oath before the Court below that from 5.1.2005 parties are residing separately and despite of best efforts for re-conciliation made by family members, relatives and the parties, re-conciliation is not possible, hence, they have amicably agreed for divorce by mutual consent. Ultimately divorce decree was passed by the Court below on 10.10.2006. Petitioner-wife, thereafter, moved an application under Section 151 Code of Civil Procedure for recalling the judgment dated 18.10.2006 on the ground that wrong averments were made in the petition under Section 13B of the Act and wrong statements were given before the Court below to the effect that parties are living separately, although parties were living together under one roof.

(3.) I have heard learned Counsel for the Petitioner and perused the record.