AMIT KUMAR Vs. NISHA RANI

JUDGEMENT

(1.) In this revision petition filed under Article 227 of the Constitution of India by husband Amit Kumar, challenge is to order dated 06.02.2012 passed by learned Additional District Judge thereby dismissing divorce petition filed jointly by both the husband-petitioner Amit Kumar and respondent-wife Nisha Rani under Section13-B of the Hindu Marriage Act, 1955 (in short, the 'Act') because the respondent (petitioner No.2 before the trial Court) withdrew her consent to divorce at the time of second motion.

(2.) I have heard learned counsel for the parties and perused the case file.

(3.) Counsel for the petitioner contended that pursuant to compromise between the parties, respondent received Rs. 5,00,000/- from the petitioner out of total amount of Rs. 10,00,000/- agreed to be paid and thereafter the respondent resiled from her consent for divorce at the time of second motion and thus the respondent committed fraud not only with the petitioner but also with the Court and consequently respondent should be directed to repay the amount of Rs. 5,00,000/- to the petitioner and action under Section 340 of the Code of Criminal Procedure (in short, Cr.P.C.) should also be taken against the respondent.