SATINDERPAL KAUR Vs. GURPREET SINGH

JUDGEMENT

(1.) Wife has preferred this appeal against the judgment and decree dated 05.04.2014 passed by Sh. K.K. Bansal, Additional District Judge (Adhoc) Gurdaspur, granting decree of divorce under section 13 B of the Hindu Marriage Act, for short 'the Act', on the basis of the averments in the petition and the statements made before the Court.

(2.) A petition under Section 13 B of the Act was filed by the appellant and respondent averring therein that marriage between the parties had been solemnized on July 13, 2012 at Village Chackanwali, Tehsil Dera Baba Nanak, District Gurdaspur and that parties lived together as husband and wife at Talwandi Goraya, Tehsil Dera Baba Nanak, District Gurdaspur. No child was born out of the wedlock. Parties lived together only for seven days and that it was not possible for them to live together under one roof as husband and wife as they could not adjust with each other on account of differences in their temperaments and opinions. The parties had been living separately since July 20, 2012 for more than one year prior to the filing of the petition. It was further averred that both the parties had mutually agreed to appear before the Court for divorce by mutual consent. The appellant had allegedly agreed not to claim any maintenance from the husband and had mutually agreed not to file any civil or criminal case against each other. The statements of the parties were recorded on September 6, 2013 and March 15, 2014 as such the Court had granted the decree of divorce by mutual consent on April 5, 2014 considering that the marriage had taken place on July 13, 2012 and they had been living separately since July 20, 2012 and the application having been filed on September 6, 2013.

(3.) The appellant claims that a fraud has been played on the Court and a misrepresentation of facts and law has been made warranting setting aside of the decree of divorce dated April 5, 2014. The sequence of events mentioned in the memorandum of appeal is that families/parents of both the parties were known to each other and the appellant used to get tuition from Manpreet Kaur, sister of respondent. The respondent party offered for matrimonial alliance of Gurpreet Singh and Satinder Pal Kaur upon which appellant told them to talk to her parents. Respondent Gurpreet Singh committed rape upon the appellant at his house, upon which appellant moved a complaint dated August 8, 2013 to SHO, PS Dera Baba Nanak for lodging an FIR against Gurpreet Singh, however, respectables of the area and local Cabinet Minister intervened and matter was compromised between the parties on August 12, 2013. In compromise it was agreed that respondent shall marry the appellant as such their marriage was performed on August 18, 2013 in the presence of both the families at Baba Sri Chand Ji Gurudwara, Dera Baba Nanak, District Gurdaspur. The marriage card has been placed on record as Annexure A-5. The marriage certificate is attached as Annexure A-6. The photographs of the marriage are also attached as Annexure A-7 and the Bill of photographer who clicked the photographs and made Video film of the marriage ceremony is Annexure A-8. It has been alleged that the intention of the respondent was bad from the very inception. He had told the appellant that both will go to Italy and settle there and for this purpose marriage was required to be registered in the Court. Since the appellant was a simple lady and could not see the mala fide of Gurpreet Singh, she was made to sign on blank papers by respondent and was produced before the Court. The appellant get recorded her statement in the Court on the advice of her husband's counsel. She did not even engage a separate counsel in this regard. Respondent misstated facts before the Court and played a fraud in order to obtain the aforesaid divorce decree. In the petition, the date of marriage has been stated to be July 13, 2012, whereas in the first motion statements, the date of marriage is stated to be February 13, 2012. Copy of the said statement has been appended as Annexure A-2. The actual date of marriage is August 18, 2013 which is prima facie established from the marriage card Annexure A-5, marriage certificate annexure A-6 and photographer's bill Annexure A-8. A wrong date of marriage has been shown in order to bring the case within the ambit of its maintainability and statue to establish that the period of one year for filing of the divorce petition stood elapsed. As per Section 14 of the Act, no petition can be presented within a period of one year under Section 13 B of the Act, but the present petition has been filed within 18 days of the marriage. In order to escape the prosecution for rape charge the respondent promised to marry the appellant and just after 18 days of the marriage he filed a wrong petition by stating wrong facts The appellant came to know about this fact of divorce when respondent started behaving badly with the appellant and one day said that she is no more his wife as the Court has granted divorce on April 5, 2014. Being shocked, the appellant intimated her parents who enquired and found that this entire fraud has been committed by the respondent. As the judgment and decree dated April 5, 2014 is passed upon the fraud and misrepresentation of facts as such the decree of divorce is a nullity and deserves to be set aside.