REKHA KUMARI Vs. HEMENDRA CHOUDHARY

JUDGEMENT

(1.) The instant misc. appeal has been filed by the appellant Smt. Rekha Kumari for assailing the judgment-cum-decree dtd. 9/11/2021 passed by the Judge, Family Court (Additional District and Sessions Judge), Gulabpura, District Bhilwara in Civil Misc. Case No.39/2021 whereby, the application preferred by the appellant and respondent under Sec. 13B of the Hindu Marriage Act seeking decree of divorce by mutual consent was dismissed.

(2.) On the previous date of hearing, we had directed the Superintendent of Police, Bhilwara to get an enquiry conducted to find out as to whether the appellant had made any application seeking Government employment under the 'Divorcee category'. The Superintendent of Police, Bhilwara has forwarded a report dtd. 3/8/2022 as per which, the appellant Rekha Kumari was (2 of 3) [CMA-718/2022] appointed as Panchayat Sahayak in the year 2017. She has not procured any Government employment in the 'Divorcee category'. Presently, she is posted in the Government Senior Secondary School, Tokarwad, Tehsil Hurda, District Bhilwara.

(3.) Learned counsel Shri Vishan Das representing the appellant and Shri Kunal Bishnoi, learned counsel representing the respondent, urged that the learned Judge, Family Court was totally unjustified in rejecting the application preferred by the parties under Sec. 13B of the Hindu Marriage Act with the observation that the very fact of their marriage was under a cloud of doubt. They urged that there was a specific averment of the parties in the divorce application that they were married by following the Hindu rites and rituals in the year 2007. Photographs of the marriage ceremony were also annexed with the application. They thus urged that the conjectural view taken by the learned Judge, Family Court that the divorce application had been filed so as to procure a decree of divorce for facilitating the path of the appellant in procuring Government employment under 'Divorcee category', is absolutely unjustified.