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2019 Supreme(P&H) 2550
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Rajan Gupta and Manjari Nehru Kaul, JJ.
Sonia Sehra - Appellant
Vs.
Harwinder Singh Sehra - Respondent
FAO-M-423-2014
Decided On: 20-12-2019
For the Appellant :B.R. Mahajan, Sr. Advocate and Stuti Goel, Advocate
For the Respondent:Gautam Dutt, Advocate
Headnote:
Fraud - Divorce by Mutual Consent - Hindu Marriage Act, 1955 - Section 13-B - Summary of Acts and Sections: Section 13-B of the Hindu Marriage Act, 1955 - The court discussed the mandatory conditions stipulated under Section 13-B and Section 23(1)(bb) of the Act, which require the parties seeking divorce by mutual consent to have been living separately for a period of at least one year preceding the filing of the petition. The court also highlighted the interregnum period of six months between the recording of the first motion statement and the second motion statement, emphasizing the importance of both parties' consent throughout the process.
Fact of the Case:
The appellant, Sonia Sehra, filed an appeal against the consent decree obtained by her husband, alleging fraud, misrepresentation, undue influence, and coercion. She claimed that the mandatory conditions under Section 13-B and Section 23(1)(bb) of the Hindu Marriage Act, 1955 were not fulfilled, and the consent decree was obtained through coercion and misrepresentation.
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, as prescribed under the Act. It noted that the appellant was represented by counsel throughout the proceedings and did not report coercion or duress to the court. The court dismissed the appeal, upholding the judgment and decree of the lower court.
Issues: The issues revolved around the validity of the consent decree obtained under Section 13-B of the Hindu Marriage Act, 1955, and the allegations of fraud, coercion, and misrepresentation in obtaining the decree.
Ratio Decidendi: The court emphasized the importance of both parties' consent and the mandatory conditions under Section 13-B of the Act, including the requirement of living separately for one year preceding the filing of the petition. It also highlighted the significance of the interregnum period between the first and second motion statements.
Final Decision: The court dismissed the appeal, upholding the judgment and decree dated 22nd August, 2014, of the lower court.
Manjari Nehru Kaul, J.
1. 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:-
"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.
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.
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.
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.
Divorce may kindly be granted accordingly.
RO&AC
Sd/- Sonia Sehra
Sd/- R.S. Sarna, Adv.
Sd/-
Dr. B.K. Sharma,
ASJ/JSC/ADJ/FTC
01.02.2014."
"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.
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 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.
As per our mutual understanding, I have given today gold/diamond ornaments worth Rs. 1,12,50,000/- (one crore, twelve lakh and fifty thousand only) i.e. half of the total s
