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2019 Supreme(P&H) 1930
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
Rajan Gupta, Manjari Nehru Kaul, JJ.
Sonia Sehra @ Sonia Handa - Appellant
Versus
Harwinder Singh Sehra - Respondent
First Appeal From Order No. 423 of 2014
Decided On : 20-12-2019
B.R. Mahajan, Advocate, Stuti Goel, Advocate, Gautam Dutt, Advocate
The main legal point established in the judgment is the requirement for parties to live separately for at least one year before filing a petition for divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955. The judgment also reaffirms that no appeal can lie against a consent decree unless obtained through coercion or fraud.
Headnote:
Fraud - Divorce by Mutual Consent - Hindu Marriage Act, 1955, Section 13-B - Section 13-B - Section 23(1)(bb)
Fact of the Case:
The appellant filed an appeal against the consent decree obtained by the respondent-husband under Section 13-B of the Hindu Marriage Act, 1955, alleging fraud, misrepresentation, undue influence, and coercion. The appellant claimed that the mandatory conditions under Section 13-B and Section 23(1)(bb) were not fulfilled, and the marriage had not been living separately for one year as required by law.
Finding of the Court:
The court found that the marriage between the parties was dissolved under Section 13-B of the Act following the due procedure, and the mandatory period of one year of living separately was complied with. The court also noted that the appellant was represented by counsel throughout the proceedings and did not report coercion at any point. The court dismissed the appeal, upholding the judgment and decree of the lower court.
Issues: The issues revolved around the alleged fraud, misrepresentation, and coercion in obtaining the consent decree under Section 13-B of the Hindu Marriage Act, 1955.
Ratio Decidendi: The court emphasized the importance of parties living separately for at least one year preceding the filing of a petition under Section 13-B of the Act. It also highlighted that no appeal can lie against a consent decree unless obtained through coercion or fraud.
Final Decision: The court dismissed the appeal and upheld the judgment and decree of the lower court, finding no interference warranted in the consent decree obtained under Section 13-B of the Hindu Marriage Act, 1955.
What is the requirement of living separately for at least one year before filing a petition for divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955?
What is the maintainability of an appeal from a consent decree under Section 13-B of the Hindu Marriage Act, 1955 in light of Section 19(2) of the Family Courts Act, 1984?
What grounds or circumstances can justify setting aside or interference with a consent decree obtained under Section 13-B, such as coercion, fraud, or misrepresentation?
JUDGMENT
Manjari Nehru Kaul, J. - Instant appeal has been preferred by the wife Sonia Sehra @ Sonia Handa, against the judgment and consent decree dated 22nd August, 2014, passed by the Ld. Addl. District Judge, Fast Track Court (Adhoc), Jalandhar, (in short 'Ld. Court below'), vide which the joint petition filed by her and the respondent-Harwinder Singh Sehra, under Section 13-B of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act'), was allowed and the marriage between the parties dissolved.
2. A few facts necessary for adjudication of the case, as pleaded in the petition under Section 13-B of the Act jointly filed by the appellant and respondent may be noticed.
3. The marriage between the parties was solemnized on 08th April, 2007, according to Hindu rites and ceremonies at New Castle Upon Tyne, U.K. The parties cohabited at village Kot Kalan, Tehsil and District Jalandhar. One son was born out of the said wedlock on 19th September, 2008. The marriage between the parties turned sour due to their temperamental differences. Thereafter, the parties started living separately from 09th January, 2013. As all efforts to bring about a reconciliation between the parties failed, a petition under Section 13-B of the Act was filed by the parties. Their first motion statement and thereafter their second motion statement were recorded on 01st February, 2014 and 22nd August, 2014, respectively in the following terms leading to the dissolution of marriage by mutual consent:-
| First Motion Statements of the parties: | |
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| "Statement of Sonia Sehra @ Sonia Handa, aged about 31 years, D/o Mr. Anal Handa, W/o Harwinder Singh, R/o 84 Kenton road, Newcastle Upon Tyne NE3 4NP, U.K. at present C2B, 50 C, Janakpuri, New Delhi 110058 with Sh. Ravneet Singh Sarna, Adv. | |
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| Stated that my marriage with Harwinder Singh was solemnized on 08.04.2007. After marriage we co-habited at GNA House, village Kotkalan, Teh. and Distt. Jalandhar. I have brought my original Adhaar Card copy of which is Ex.CA. After marriage we could not pull together. There was quarrels and discord in the family due to which we could not live happily. The details are given in my petition Ex.C1 which bears my signature and our photograph. I have signed the same after understanding the contents of the same. We are living separately since 09.01.2013 and have not cohabited since then. Now we have decided with our free consent to dissolve our marriage. | |
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| As per our mutual understanding, I have received today gold/diamond ornaments worth Rs. 1,12,50,000/- (one crore, twelve lakh and fifty thousand only) i.e. half of the total settled permanent alimony. | |
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| As per our mutual understanding child namely Arjun Sehra will remain in custody of his father with specific visiting/meeting rights of mine which have been detailed in our petition Ex. C1. | |
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| Divorce may kindly be granted accordingly. | |
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| RO&AC | |
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| Sd/- Sonia Sehra | Sd/- Dr. B.K. Sharma |
| Sd/- R.S. Sarna, Adv. | ASJ/JSC/ADJ/FTC 01.02.2014." |
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| "Statement of Harwinder Singh Sehra S/o Jasvinder Singh Seehra, aged 31 years, R/o GNA House, village Kotkalan, Old Phagwara Road, Teh. and Distt. Jalandhar with Sh. Kanwar Opinder Singh Jaswal (Thakur), Adv. | |
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| Stated that my marriage with Sonia Sehra @ Sonia Handa was solemnized on 08.04.2007. After marriage we cohabited at GNA House, village Kotkalan, Teh. and Distt. Jalandhar. I have brought my original Adhaar Card copy of which is Ex.CB. After marriage we could not pull together. There was quarrels and discord in the family due to which we could not live happily. The details are given in my petition Ex.C1 which bears my signature and our photograph. I have signed the same after understanding the contents of the | |
