JITENDER Vs. GEETA DEV

JUDGEMENT

(1.) THIS appeal has been filed against an order dated 12.10.2010, allowing review application filed by the respondent, vide which, judgment and decree dated 2.3.2006 were recalled.

(2.) IT is apparent from the record that by stating that the marriage between the parties was solemnized on 11.1.2004, a petition under Section 13 -B of the Hindu Marriage Act, 1955 (in short, the Act), for grant of divorce on mutual consent was filed on 23.8.2005. Statements of the parties were recorded on 24.8.2005. Matter was adjourned to 25.2.2006, for recording second statements of the parties, which were accordingly recorded on the said date. Thereafter judgment and decree, granting divorce were passed on 2.3.2006. Thereafter, in the month of May 2008, respondent wife filed an application seeking review of the judgment mentioned above on a ground that a fraud has been committed with her. The marriage, in fact, was FAO No.6811 of 2010 solemnized on 5.12.2004. She under misconception made to sign the statements. Prayer was to recall the judgment and decree dated 2.3.2006. 3. After notice, reply was filed by the appellant, raising many factual and legal objections. The trial Judge framed the following relevant issues in this case: - "1. Whether the respondent played fraud with the petitioner and obtained judgment and decree dated 02.03.2006 as alleged? OPP 2. Whether the petition filed under Section 13 -B of Hindu Marriage Act, 1955 was not maintainable as alleged? OPP

(3.) WHETHER the present petition is within time? OPP