PRIYANKA DEVI Vs. SATISH KUMAR

JUDGEMENT

(1.) The wife is aggrieved of the judgment passed in Original Suit No. 22 of 2016 under sec. 13B of the Hindu Marriage Act, 1955 dtd. 23/8/2016 and the decree prepared thereon and sealed on 9/9/2016 on the ground that she was threatened to sign the petition under sec. 13B of the Hindu Marriage Act, 1955 for a decree of dissolution of marriage by mutual consent.

(2.) The judgment in Original Suit No.22 of 2016 records that a petition for divorce by mutual consent was filed with affidavit bearing signature of both the parties. The learned Family Court Judge has recorded that in order to satisfy itself that the petition for divorce by mutual consent has been filed with free consent of the parties, statement of both the parties were recorded and they put their signatures thereon.

(3.) Ms. Rakhi Sharma, the learned counsel for the respondent, has raised a preliminary objection to maintainability of the present First Appeal under sub-sec. (2) to sec. 19 of the Family Courts Act, 1984, where under an Appeal from a decree or order passed by the learned family Court with consent of the parties is barred.