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2019 Supreme(P&H) 1930

RAJAN GUPTA, MANJARI NEHRU KAUL
Sonia Sehra @ Sonia Handa – Appellant
Versus
Harwinder Singh Sehra – Respondent


Advocates Appeared:
B.R. Mahajan, Advocate, Stuti Goel, Advocate, Gautam Dutt, Advocate

Judgement Key Points

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?

- The parties must have been living separately for at least one year prior to filing for divorce by mutual consent under Section 13-B. (!) (!) - A consent decree under Section 13-B is generally not appealable under Section 19(2) of the Family Courts Act, 1984, unless coercion or fraud is involved to set it aside. (!) (!) (!) - The court held that the consent decree was properly obtained following due procedure, with the parties present and represented, and there was no coercion proven; thus, no interference with the decree. (!) (!) (!) - The interregnum period between first and second motion statements serves as a reflection period; withdrawal of consent during this period prevents a decree. (!) - The judgment reaffirms that no appeal can lie against a consent decree absent coercion or fraud, and emphasizes strict adherence to the statutory prerequisites for Section 13-B. (!) (!)

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

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