KIRAN SAHRAWAT Vs. RAVEE SAHRAWAT AND ORS.

JUDGEMENT

(1.) MRS . Kiran Sahrawat (second wife of Lt. Col. Ravee Sahrawat (Retd.)) filed this application bearing CM 162 -CII of 1999, seeking leave of this Court to file appeal i.e. FAO No. 2 -M of 1999 against the judgment and decree dated 6.6.1998, rendered by the Court of learned Additional District Judge, Chandigarh.

(2.) BRIEF facts leading to the filing of above numbered appeal are as follows; Lt. Col. Ravee Sahrawat got married to Ujjwal (first wife) on 11.7.1970. A daughter, namely; Mannat was born out of this wedlock on 9.5.1979. Ravee Sahrawat filed a petition under Section 13 of the Hindu Marriage Act, 1955 for seeking decree of divorce, against Mrs. Ujjwal Sahrawat, on 20.12.1986. That petition was instituted in the Court of Judicial Commissioner, Chhata Nagpur, which was eventually transferred to Chandigarh by order of the Hon'ble Supreme Court on the application moved by the wife. The aforesaid divorce petition was decided in favour of Ravee Sahrawat vide judgment and decree dated 9.1.1991.

(3.) THEREAFTER , on 17.6.1991, Ujjwal Sahrawat, with a motive to harass the appellant and Ravee Sahrawat, preferred an appeal bearing FAO No. 35 -M of 1992 before this Court. Inter alia, alleging therein that her counsel Mr. Vakil Chand, Advocate, never informed her about the granting of divorce and that she has never authorised Mr. Vakil Chand, Advocate, to make any statement in the Court. Vide judgment dated 31.5.1995, this Court (High Court) allowed the appeal of Ujjwal Sahrawat and remanded the matter to the learned trial Court with the direction to give 4 more effective opportunities to Ujjwal Sahrawat for producing her evidence and to decide the divorce petition afresh.