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2005 Supreme(P&H) 1086

AJAY K.MITTAL
Rupali Alias Chetna – Appellant
Versus
Sunil Data – Respondent


Judgment

1. This petition filed by the petitioner-wife questions the legality of order dated 30-1-2003 passed by the learned Additional District Judge, Rewari whereby the trial Court on a petition filed by the parties under Section 13-B of the Hindu Marriage Act, 1955 (in short "the Act") for divorce by mutual consent had framed an issue whether the consent of the wife at the time of presentation of petition under Section 13-B of the Act was obtained by force, fraud or undue influence.

2. Briefly, both the parties filed a Joint petition under Section 13-B of the Act for granting a decree of divorce by way of mutual consent. The marriage between the parties was solemnised on 29-1-2001 as per Hindu rites and ceremonies at Rewari. No issue was born out of the said wedlock and the relations between them were not cordial from the very beginning. Both the parties have been residing separately since May, 2001. All efforts for reunion and reconciliation having failed between the parties, they resolved to get their marriage dissolved by mutual consent. Accordingly, petition under S. 13-B of the Act was filed jointly on 11-5-2002. Joint statement of the parties was recorded and the case was a



















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