DEEPAK SINGH Vs. POOJA

JUDGEMENT

(1.) The appellant challenges order dated 24.04.2014 passed by the District Judge (Family Court), Bhiwani, dismissing a petition filed under Sec. 13 -B of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act"). Counsel for the appellant submits that as the respondent received Rs. 1,50,000/ - at the time of filing of the petition under Sec. 13 -B of the Act, she was bound to make a statement at the stage of second motion but instead made a false statement that she had given her consent due to a misunderstanding and did not receive Rs. 1,50,000/ -. The respondent thereafter mislead the trial Court by stating that as the petition has been filed within one year of the marriage it was not maintainable. The dial Court dismissed the petition without considering that consent has to be inferred from the contents of the petition and the statement made at first motion. The trial Court should have at least ordered refund of Rs. 1,50,000/ - received by the respondent.

(2.) Despite service, no one has put in appearance on behalf of the respondent.

(3.) We have heard counsel for the appellant.