LAJJA DEVI Vs. KHUSHIRAM PRAJAPAT

JUDGEMENT

(1.) THIS civil misc. appeal under Section 28 of the Hindu Marriage Act, 2005 (hereinafter 'the Act of 2005') has been filed against the judgment and decree dated 05.11.2011, passed by the District Judge, Alwar in civil misc. application No. 183/2011 titled Khushiram Prajapat v. Smt. Lajja Devi whereby a consent decree under Section 13B of the Act of 2005 has been passed dissolving the marriage between the appellant -wife and the respondent -husband.

(2.) MR . J.R. Tantia, appearing for the appellant -wife, submits that the appellant is an absolutely illiterate lady and was married to the respondent on 31.01.2009. It is submitted that the judgment and decree dated 05.11.2011 purportedly by consent for dissolution of marriage has been obtained fraudulently and the appellant at no point of time signed an application under Section 13B of the Act of 2005, nor even entered the witness box before the District Judge, Alwar nor make any statement as attributed to her before the learned trial court. It is submitted that the judgment and decree for dissolution of marriage on 05.11.2011 is absolutely fraudulent and in fact an outcome of criminal enterprise. It is stated that the appellant came to know of the judgment and decree dated 05.11.2011 only on or about 14.11.2011 when the respondent took the appellant to her father's house and left her there stating that the marriage between the appellant and the respondent had come to an end under the decree of the District Judge, Alwar.

(3.) SECTION 96(3) CPC categorically states that no appeal shall lie from a decree passed by the court with the consent of the parties. There is thus a clear statutory prohibition against filing of an appeal against a consent decree.