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2007 Supreme(All) 2845

JANARDAN SAHAI
POONAM SHARMA – Appellant
Versus
DISTRICT JUDGE/FAMILY COURT, MEERUT – Respondent


Advocates:
Counsel :
K.K. Shangloo for the Petitioner; Pradeep Kumar Rai for the Respondents.

JUDGMENT

Hon’ble Janardan Sahai, J.—The petitioner Smt. Poonam Sharma and Dr. Girish Kumar Sharma the respondent No. 2 were married in the year 1986. A joint petition for divorce under Section 13-B of the Hindu Marriage Act was filed by the parties in the year 2005. Subsequently the petitioner applied for withdrawing her consent. The application for withdrawal of the consent was opposed by the respondent No. 2 Dr. Girish Kumar Sharma. The Family Court passed an order dated 4.12.2006 holding that before the petitioner could be allowed to withdraw her consent it was necessary to examine whether the consent first given by her was voluntary or was obtained by coercion etc. and whether the withdrawal of the consent is also bona fide and that on these points the parties should be allowed to adduce evidence. On 18.4.2007 the Family Court framed three issues: whether the consent of the petitioner Smt. Poonam Sharma in the joint petition was obtained by fraud and whether application for withdrawing her consent was bona fide and a third issue regarding relief. Both these orders have been challenged by the petitioner in this writ petition.

2. It is submitted by the petitioners counsel that the







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