REENA DEVI Vs. R. SAO @ RAJ KR. SAW

JUDGEMENT

(1.) This appeal is directed against the order dated 6.8.2008 passed in Misc. Case No. 6 of 2003, by the learned Principal Judge, Family Court Jamshedpur, whereby the said miscellaneous application has been rejected on contest, which was filed for setting aside the judgment and Decree dated 23.11.2002 passed in Matrimonial Suit No. 70 of 2002.

(2.) According to the case of the parties, the parties were married on 3.3.2001 and after sometime, differences cropped up between them and an application under Section 13B of the Hindu Marriage Act was filed jointly by both the parties for divorce by mutual consent, which was registered as Matrimonial Suit No. 70 of 2002. After examining the parties, in which both the parties supported the case for divorce by mutual consent, the case was decreed by judgment and Decree dated 23.11.2002. Subsequently, the miscellaneous case was filed by the Appellant-wife stating inter alia that the husband-opposite party had filed Matrimonial Suit No. 70 of 2002 by practicing fraud, threat and coercion upon her and she came to know about the fraud for the first time in July 2003 when the Appellant was driven out from her matrimonial home. It appears from the impugned order that the witnesses from both the sides were examined in the miscellaneous case and upon consideration of the material on record, the Court below, by order dated 6.8.2008 has rejected the application on contest.

(3.) Learned Counsel for the Appellant has submitted that from the record, it appears that entire exercise of filing the matrimonial suit, was a big fraud upon the Appellant and she was brought to Court on different dates on some other pretext and her signatures were obtained, but she could not know that actually the matrimonial suit was filed for divorce by mutual consent. It is also submitted that deposition of the Appellant was recorded in the court below as she was asked by the opposite party-husband that he was going to purchase a land in her name and the transfer of land would take place only if she deposed as advised by the advocate. Even after recording of her evidence, both the parties lived together for about six months and thereafter she was driven away from her matrimonial home.