RUPALI ALIAS CHETNA Vs. SUNIL DATA

JUDGEMENT

(1.) This petition filed by the petitioner wife questions the legality of order dated 30/1/2003 passed by the learned Additional District Judge, Rewan whereby the trial Court on a petition filed by the parties under Section 13-B of the Hindu Marriage Act, 1955 (in short "the Act") for divorce by mutual consent had framed an issue whether the consent of the wife at the time of presentation of petition under Section 13-B of the Act was obtained by force, fraud or undue influence.

(2.) Briefly, both the parties filed a Joint petition under Section 13-B of the Act for granting a decree of divorce by way of mutual consent The marriage between the parties was solemnised on 29-1-2001 as per Hindu rites and ceremonies at Rewan. No issue was born out of the said wedlock and the relations between them were not cordial from the very beginning Both the parties have been residing separately since May, 2001. All efforts for reunion and reconciliation having failed between the parties, they resolved to get their marriage dissolved by mutual consent. Accordingly, petition under S. 13-B of the Act was filed jointly on 11/5/2002. Joint statement of the parties was recorded and the case was adjourned to 16-11-2002 for waiting the statutory period of six months and for recording their statements.

(3.) After about three months on 12/8/2002, the petitioner-wife appeared before the trial Court and filed an application for withdrawing her consent and her statement to that effect was recorded by the trial Court. The wife levelled allegations that her consent had been obtained by force, fraud and undue influence. The trial Court issued notice of the said application for 16-11-2002. The petitioner-wife thereafter also filed an application for dismissal of the petition for divorce by mutual consent. The trial Court instead of dismissing the petition for divorce by mutual consent had framed the following issue :-