MANJU @ MANSI Vs. MANISH SHARMA

JUDGEMENT

(1.) THIS appeal has been filed by the appellant -wife being aggrieved by the divorce decree by mutual consent under Section 13B of the Hindu Marriage Act, 1955.

(2.) THE only grievance raised by the appellant -wife is that while passing divorce decree on mutual consent, the learned Court* below has erred in incorporating an stipulation in the impugned decree that the marriage in question stand dissolved, however, the parties thereto shall not be entitled to get any benefit in Government/Central Government service on the basis of such status resulting from the decree in question.

(3.) HOWEVER , this Court is of the opinion that the parties in question should first approach the learned court below with proper review petition and the Court below should apply its mind as to whether such condition could be imposed by it while passing decree under Section 13B of the Act. While dealing with the review petition, the learned Court below is expected to deal with the individual facts and circumstances of the each case like how long the marriage in question survives, what are other related litigations pending between the parties, whether they are living together or not despite such divorce decree and whether these circumstances can lead to possible misuse of the decree by mutual consent under Section 13B of the Act merely to obtain a special benefit or advantage in the Government service by the parties. While dealing with these aspects of the matter, the Court below is expected to decide the review application filed by the parties. It is only after review petition is decided, this Court can entertain the appeal on merits against such review order and the present order. It is expected of the learned trial Court would decide the review petition within three months from filing of the same.