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REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL Nos. 7232-7233 of 2012

(Arising out of SLP (Civil) 35468-69 of 2009)

Gaytri Bajaj

… Appellant

Versus

Jiten Bhalla

… Respondent

J U D G M E N T

RANJAN GOGOI, J.

Leave granted.

2.

These appeals are directed against the judgment and order dated

08.09.2008 passed by the High Court of Delhi in Matrimonial Appeal No.

72/2007 and the order dated 10.7.2009 declining review of the aforesaid

order dated 08.09.2008.

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3.

The facts lies in a short compass and may be usefully recapitulated at

this stage.

The appellant (wife) and the respondent (husband) were married on

10.12.1992. Two daughters, Kirti and Ridhi, were born to them on 20.8.1995

and 19.4.2000 respectively. Disputes and differences having developed

between the parties a joint petition dated 23.05.2003 was presented by the

parties under Section 13 B of the Hindu Marriage Act (hereinafter referred

to as ‘the Act’) seeking a decree of divorce by mutual consent. In the joint

petition filed, it was stated by both the parties that they have been living

separately since December, 2001, due to irreconcilable differences and in

view of their separate residence and lack of any co-habitation as husband

and wife, the parties, upon failure to effect any reconciliation of their

differences, have agreed to dissolve their marriage by mutual consent under

the provisions of section 13B of the Hindu Marriage Act.

4.

It appears that without waiting for the period prescribed under Section

13B (2) of the Act, a second Motion was moved by the parties before the

learned Court on 26.05.2003 seeking divorce by mutual consent. By order

dated 3.6.2003 the learned trial court, after recording its satisfaction in the

matter, granted a decree of divorce under the aforesaid provision of the Act.

It may be specifically noticed, at this stage, that in the joint petition filed

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before the learned trial court it was specifically stated that, under the terms

of the agreement between the parties, the respondent-husband was to have

sole custody of the two minor daughters and the appellant-wife had agreed

to forego her rights of visitation keeping in view the best interest and welfare

of the children.

5.

After the expiry of a period of almost three years from the date of

decree of the divorce granted by the learned trial court, the appellant-wife

instituted a suit seeking a declaration that the decree of divorce dated

3.6.2003 is null and void on the ground that her consent was obtained by

acts of fraud and deceit committed by the respondent – husband. A further

declaration that the marriage between the parties is subsisting and for a

decree of perpetual injunction restraining the husband from marrying again

was also prayed for in the suit. The respondent-husband filed written

statement in the suit denying the statements made and contesting the

challenge to the decree of divorce. While the aforesaid suit was pending, the

appellant-wife filed an application under Section 151 of the Code of Civil

Procedure to recall/set aside the judgment and decree dated 03.06.2003

passed in the divorce proceeding between the parties. The aforesaid

application under section 151 of the Code was filed despite the institution of

the separate suit seeking the same/similar reliefs. On the basis of the

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aforesaid application filed by the appellant-wife the learned trial court by

order dated 25.09.2007 recalled the decree of divorce dated 3.6.2003.

Aggrieved, an appeal i.e. Matrimonial appeal No. 72/2007, was filed by the

respondent-husband in the High Court of Delhi which was allowed by the

order dated 08.09.2008. The application seeking review of the aforesaid

order dated 08.09.2008 was dismissed by the High Court on 10.07.2009.

Both the aforesaid orders dated