DEEPA DEVI Vs. DHIRAJ KUMAR SINGH

JUDGEMENT

(1.) In this application under Section 151 (1) of the Code of Civil Procedure the petitioner has challenged the order dated 14-2-2005 passed by the District Judge, Seraikella in Misc. Case No. 02 of 2005 where by he has dismissed the Misc. case filed by the petitioner for setting aside the decree passed in Matrimonial Suit No. 05 of 2001.

(2.) The Opposite Party, who is husband of the petitioner, filed an application under Section 13-B of the Hindu Marriage Act for dissolution of the marriage by a decree of divorce by mutual consent. The said application was registered as Matrimonial Case No. 05 of 2001. It appears that the relationship of the petitioner and the Opposite Party, who were married in 1999, became worst and they started living separately. Out of the said wedlock, a son was born in 2000. After hearing the parties, the learned District Judge passed an order on 6-9-2001 for dissolution of the marriage and the decree was prepared. The petitioner, who is the wife, however filed an application under Order XXIII Rule 3 along with S. 151 CPC for setting aside the decree. The said application was registered as Misc. Case No. 02 of 2002. The petitioner challenged the said decree on the ground that the same was obtained by the Opposite Party by practicing fraud and swearing-in false affidavit. It is alleged that the petitioner was confined in the house of the Opposite Party and she was forced to go to Chaibasa in a car with his family members who threatened her to depose before the Court for passing a decree of divorce. The Opposite Party contested the said application on the ground, inter alia, that the decree was passed by mutual consent and the same cannot be assailed after the expiry of one year on frivolous ground. It is stated that the petitioner lodged a criminal case under Section 498A/420//344/325 IPC and the said criminal proceeding was quashed by this Court in Cr. Misc. No. 1282 of 2002. The case of the Opposite Party is that after decree of divorce was passed under Section 13 B of the said Act, he remarried with Priyanka Devi on 27-5-2002 and is living with his second legally married wife.

(3.) In the said Misc. Case No. 2 of 2002 filed by the petitioner, both the petitioner and the Opposite Party led evidence. The learned Court below after considering the facts and evidence dismissed the said application holding that no fraud was committed by the Opposite Party for obtaining decree of divorce by mutual consent.